Act means the Australian National Maritime Museum Act 1990.
assistance animal has the same meaning as in the Disability Discrimination Act 1992.
authorised liquor supplier means a person who is authorised under section 9 to sell or supply liquor.
controlled Museum premises means any of the following:
(a) any part of Museum premises that:
(i) is a building, structure or vessel, or a part of a building structure or vessel; and
(ii) is used to exhibit, develop, preserve, maintain or store Museum material;
(b) any part of Museum premises on or in which a notice is displayed that:
(i) is clearly visible to members of the public; and
(ii) has been authorised by the Director; and
(iii) states that that part of Museum premises is controlled Museum premises.
Director’s notice has the meaning given by subsection 22(1).
liquor has the meaning given by subsection 53(3) of the Act.
liquor controlled premises means any land, building or vessel owned by, or under the control of, the Museum.
Museum material means:
(a) material forming part of the national maritime collection; and
(b) other material owned by, or under the control of, the Museum; and
(c) any structure, equipment or material kept by the Museum for purposes relating to the exhibition or display of, or research, educational or publicity activities in relation to, material referred to in paragraph (a) or (b).
Museum premises has the meaning given by subsection 54(2) of the Act.
prohibited article means:
(a) an implement, other than a pen or pencil, that could be used to damage or conceal Museum material; or
(b) a camera or associated equipment; or
Division Division 5 - Australian National Maritime Museum Regulations 2018 - Defences | Zoe
Example: Associated equipment includes a tripod or selfie stick.
(c) a bag, case, parcel or other container that cannot be wholly enclosed within a cube each side of which is 300 millimetres in length.
security officer means a person appointed under subsection 13(1) to be a security officer.
staff member means a member of the staff of the Museum.
vehicle includes a motor vehicle, motorcycle, bicycle or a similar device for transportation.
water area of Museum premises means an area of water within the limits of Museum premises.
Part 2—Financial transactions
6 Restrictions on financial transactions
For the purposes of paragraphs 47(1)(a) to (e) of the Act, $2,000,000 is prescribed.
7 Value of maritime historical material
(1) For the purposes of subsection 47(3) of the Act, the value of maritime historical material is to be determined by one or more independent experts appointed, in writing, by the Director.
(2) The Director must not appoint a person under subsection (1) unless the Director is satisfied on reasonable grounds that the person has appropriate qualifications or expertise to determine the value of the maritime historical material.
Part 4—Supply of liquor
8 Purposes of this Part
This Part is made for the purposes of subsection 53(1) of the Act.
9 Authorisation to supply liquor
(1) The Director may, in writing, authorise a person, or a class of persons, to sell or supply liquor on or in liquor controlled premises.
(2) The Director must specify in the authorisation:
(a) the parts of liquor controlled premises where liquor may be sold or supplied; and
(b) the hours during which liquor may be sold or supplied.
(3) The Director may specify in the authorisation conditions to which it is subject.
10 Supply of liquor
Authorisations
(1) A person commits an offence if the person:
(a) is on or in liquor controlled premises; and
(b) sells or supplies liquor.
Penalty: 5 penalty units.
(2) Subsection (1) does not apply to a person:
(a) selling or supplying liquor if the person is authorised to do so under subsection 9(1); or
(b) supplying liquor (other than by selling it) if the liquor was sold or supplied to that person on or in liquor controlled premises by an authorised liquor supplier.
Note: A defendant bears an evidential burden in relation to the matters in subsection (2): see subsection 13.3(3) of the Criminal Code.
(3) A person commits an offence if the person:
(a) is on or in liquor controlled premises; and
(b) is an authorised liquor supplier; and
(c) sells or supplies liquor; and
(d) does not comply with the conditions to which the person’s authorisation as an authorised liquor supplier is subject under subsection 9(2) or (3).
Penalty: 5 penalty units.
Adulterated liquor
(4) A person commits an offence if:
(a) the person is on or in liquor controlled premises; and
(b) the person sells or supplies liquor; and
(c) the liquor is adulterated.
Penalty: 5 penalty units.
Intoxicated persons and minors
(5) A person commits an offence if:
(a) the person is on or in liquor controlled premises; and
(b) the person sells or supplies liquor to another person; and
(c) the other person is:
(i) intoxicated; or
(ii) under 18.
Penalty: 5 penalty units.
(6) A person may refuse to sell or supply liquor to another person on or in liquor controlled premises if the other person does not satisfy the first person of the other person’s age.
11 Buying or obtaining liquor
(1) A person commits an offence if the person:
(a) is on or in liquor controlled premises; and
(b) buys or obtains liquor; and
(c) is under 18.
Penalty: 5 penalty units.
(2) A person commits an offence if:
(a) the person sends another person to buy or obtain liquor; and
(b) the place to which the other person is sent to buy or obtain liquor is liquor controlled premises; and
(c) the other person is under 18.
Penalty for contravention of this subsection: 5 penalty units.
Part 5—Conduct of persons on Museum premises
Division 1—Purposes of this Part
12 Purposes of this Part
This Part is made for the purposes of paragraphs 54(1)(c), (e) and (f) of the Act.
Division 2—Security officers
13 Security officers
Appointment of security officers
(1) The Director may, in writing, appoint any of the following persons to be a security officer if the Director is reasonably satisfied that the person has received appropriate training:
(a) a staff member;
(b) an officer or employee mentioned in section 41 of the Act;
(c) a person engaged as a consultant under section 42 of the Act;
(d) a person employed under contract with the Museum;
(e) a person employed or engaged by a person mentioned in paragraph (d).
Identity cards
(2) The Director must issue an identity card to a security officer appointed under subsection (1).
(3) The identity card must:
(a) be in the form (if any) approved by the Director; and
(b) contain a recent photograph of the person to whom it is issued.
(4) A security officer must carry the identity card at all times when performing functions or exercising powers as a security officer.
(5) A person commits an offence of strict liability if:
(a) the person ceases to be a security officer; and
(b) the person does not, within 14 days of so ceasing, return the person’s identity card to the Director.
Penalty: 1 penalty unit.
(6) Subsection (5) does not apply if the identity card was lost or destroyed.
Note: A defendant bears an evidential burden in relation to the matter in subsection (6): see subsection 13.3(3) of the Criminal Code.
14 Powers of security officers—prohibiting entry
(1) A security officer may prohibit a person or a group of persons from entering Museum premises if the security officer has reasonable grounds for believing that:
(a) the person or group has, under section 15, been directed to leave Museum premises on one or more occasions; or
(b) the person has, under section 16, been removed from Museum premises on one or more occasions; or
(c) public safety or the safety of staff members will be, or is likely to be, endangered by the presence of the person or the group on Museum premises; or
(d) the conduct of the person or group on Museum premises will cause, or is likely to cause, offence to members of the public or staff members; or
(e) the person or group is likely to commit an offence against this instrument.
(2) A security officer may prohibit members of the public or staff members from entering Museum premises if the security officer has reasonable grounds for believing that the safety of members of the public or staff members on Museum premises will be, or is likely to be, endangered for any reason.
15 Powers of security officers—directions to leave
(1) A security officer may direct a person or group of persons to leave Museum premises or any part of Museum premises if the security officer has reasonable grounds for believing that:
(a) public safety or the safety of staff members is, or may be, endangered by the continued presence of the person or the group on or in Museum premises; or
(b) the conduct of the person or group on or in Museum premises is likely to cause offence to members of the public or staff members; or
(c) the person or group intends to commit, is committing, or has committed, an offence against this instrument.
(2) If a security officer issues a direction to a person in accordance with paragraph (1)(c), the security officer may do either or both of the following:
(a) take a photograph of the person;
(b) direct the person to provide the person’s name and residential address to the security officer.
(3) A security officer may direct members of the public or staff members to leave Museum premises or any part of Museum premises if the security officer has reasonable grounds for believing that the safety of members of the public or staff members on or in Museum premises is endangered for any reason.
16 Powers of security officers—apprehension
(1) This section applies if a security officer has reasonable grounds for believing that a person on or in Museum premises:
(a) intends to interfere with, is interfering with, or has interfered with, Museum material; or
(b) intends to damage, is damaging, or has damaged, Museum premises or Museum material; or
(c) is refusing, or has refused, to comply with a direction given by a security officer in the performance of the officer’s duties.
(2) The security officer may apprehend the person, using such force as is reasonably necessary.
(3) If the security officer apprehends the person, the person may be:
(a) removed from Museum premises; or
(b) held in the custody of a security officer until the person can be taken into the custody of a member of a police force.
(4) If a person is held in the custody of a security officer under paragraph (3)(b), the person must be delivered into the custody of a member of a police force as soon as practicable.
17 Powers of security officers—vehicles and vessels
(1) A security officer may direct a person who is apparently in charge of a vehicle that is on or in Museum premises:
(a) to park the vehicle on or in Museum premises; or
(b) not to park the vehicle on or in Museum premises; or
(c) not to park the vehicle in a specified place on or in Museum premises.
(2) A security officer may direct the person apparently in charge of a vessel:
(a) not to enter into a water area of Museum premises; or
(b) if the vessel is about to enter, or has entered, a water area of Museum premises made available by the Director for the purpose, to occupy a part of the area indicated by the security officer; or
(c) to leave a water area of Museum premises.
18 Powers of security officers—possible prohibited articles
(1) A security officer may direct a person who is carrying an article on or in Museum premises to submit the article for inspection, if the article appears to the security officer to be a prohibited article.
(2) A security officer may direct a person who is carrying an article on or in Museum premises to leave the article in an area designated for prohibited articles, if the article appears to the security officer to be a prohibited article.
19 Powers of security officers—taking photographs
A security officer may direct a person who is on or in controlled Museum premises:
(a) not to take any photographs while on or in controlled Museum premises or any part of controlled Museum premises; or
(b) not to take photographs of specified Museum material.
20 Powers of security officers—deletion and destruction of photographs
(1) This section applies if a security officer has reasonable grounds to believe that a person has taken a photograph on or in any controlled Museum premises, or any part of controlled Museum premises, in contravention of:
(a) any direction by a security officer under this Division; or
(b) a prohibition, condition or restriction in a Director’s notice;
in relation to the taking of photographs.
(2) The security officer may direct the person to delete or destroy the photograph.
21 Powers of security officers—offence
(1) A person commits an offence if:
(a) the person is on or in Museum premises; and
(b) a security officer gives the person a direction under section 15, 17 or 18; and
(c) the person does not comply with the direction.
Penalty: 5 penalty units.
(2) A person commits an offence if:
(a) the person is on or in controlled Museum premises; and
(b) a security officer gives the person a direction under section 19 or 20; and
(c) the person does not comply with the direction.
Penalty for contravention of this subsection: 5 penalty units.
Division 3—Director’s notices
22 Director’s notices
(1) The Director may, by legislative instrument, issue a notice (a Director’s notice) in accordance with subsection (2).
(2) The notice must:
(a) be set out in the legislative instrument; and
(b) state that it is issued by the authority of the Director; and
(c) specify a prohibition, condition or restriction relating to Museum premises or Museum material.
(3) A person commits an offence if:
(a) the person is on or in Museum premises; and
(b) a copy of a Director’s notice is displayed in accordance with subsection (4); and
(c) a prohibition, condition or restriction specified in the notice applies to the person; and
(d) the person does not comply with the prohibition, condition or restriction.
Penalty: 5 penalty units.
(4) For the purposes of paragraph (3)(b), the notice must be clearly displayed:
(a) in a way that gives adequate notice to the public of the prohibition, condition or restriction; and
(b) at either or both of:
(i) the entrance to the area of the Museum premises to which the notice relates; and
(ii) the location to which the notice relates.
Division 4—Other provisions
23 Damaging Museum material and property
(1) A person commits an offence if the person:
(a) is on or in any controlled Museum premises; and
(b) touches or interferes with material of a kind mentioned in paragraph (a) or (b) of the definition of Museum material.
Penalty: 5 penalty units.
(2) A person commits an offence if:
(a) the person is on or in any controlled Museum premises; and
(b) the person engages in conduct; and
(c) the conduct damages Museum material.
Penalty: 5 penalty units.
(3) Recklessness or negligence is the fault element for the result mentioned in paragraph (2)(c).
(4) A person commits an offence if:
(a) the person:
(i) attaches an article to a building, structure, vessel, wall or fence; or
(ii) writes on a building, structure, vessel, fixture, fitting, wall or fence; and
(b) either:
(i) the building, structure or vessel is Museum premises; or
(ii) the wall, fence, fixture or fitting is on land or water that is Museum premises.
Penalty: 5 penalty units.
(5) A person commits an offence if:
(a) the person engages in conduct; and
(b) the conduct damages a building, structure, vessel, fixture, fitting, wall, fence, plant or garden; and
(c) either:
(i) the building, structure or vessel is Museum premises; or
(ii) the fixture, fitting, wall, fence, plant or garden is on land or water that is Museum premises.
Penalty: 5 penalty units.
(6) Recklessness or negligence is the fault element for the result mentioned in paragraph (5)(b).
(7) This section does not limit section 132.8A of the Criminal Code (about damaging or destroying Commonwealth property).
24 Selling articles
A person commits an offence if the person:
(a) is on or in any Museum premises; and
(b) engages in conduct that exposes or causes to be exposed for show, sale or hire any article for use or consumption by a member of the public.
Penalty: 5 penalty units.
25 Animals
(1) A person commits an offence if the person allows an animal belonging to the person, or in the person’s charge, to enter or remain on or in any controlled Museum premises.
Penalty: 5 penalty units.
(2) Subsection (1) does not apply if:
(a) the person is a person with a disability (within the meaning of the Disability Discrimination Act 1992) and the animal is an assistance animal; or
(b) the person is a member of a police force acting in accordance with the person’s duties; or
(c) the animal is under the control of the Museum.
Note: A defendant bears an evidential burden in relation to the matters in subsection (2): see subsection 13.3(3) of the Criminal Code.
(3) A person commits an offence if:
(a) the person allows an assistance animal belonging to the person, or in the person’s charge, to enter or remain on or in any controlled Museum premises; and
(b) the animal is not restrained on a lead or by other reasonable means.
Penalty for contravention of this subsection: 5 penalty units.
26 Foods and liquids
(1) A person commits an offence if the person:
(a) brings food or liquid onto or into any controlled Museum premises; or
(b) consumes food or liquid on or in any controlled Museum premises.
Penalty: 5 penalty units.
(2) Subsection (1) does not apply:
(a) if the food or liquid is for medical purposes; or
(b) to bringing water into, or drinking water in, any controlled Museum premises if the water is in a sealed container; or
(c) to bringing food or liquid onto or into any controlled Museum premises for the purpose of feeding an infant if the food or liquid is in a sealed container; or
(d) to breastfeeding an infant; or
(e) to bringing food or liquid into, or consuming food or liquid in, an area designated for consuming food or liquid.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2): see subsection 13.3(3) of the Criminal Code.
27 Smoking
A person commits an offence if the person:
(a) is on or in any Museum premises; and
(b) smokes.
Penalty: 5 penalty units.
28 Prohibited articles
(1) A person commits an offence if the person:
(a) brings a prohibited article onto or into any controlled Museum premises; or
(b) uses a prohibited article on or in any controlled Museum premises.
Penalty: 5 penalty units.
(2) Subsection (1) does not apply to:
(a) bringing a prohibited article onto or into any controlled Museum premises if the person deposits the item, as soon as practicable, at the place on or in the controlled Museum premises designated for that purpose; or
(b) bringing a camera or camera bag onto or into any controlled Museum premises, or using a camera, for non‑commercial purposes.
Note: A defendant bears an evidential burden in relation to the matters in subsection (2): see subsection 13.3(3) of the Criminal Code.
29 Fishing from Museum premises
A person commits an offence if the person:
(a) is on or in any Museum premises; and
(b) fishes from any part of Museum premises.
Penalty: 5 penalty units.
30 Launching or mooring vessels
A person commits an offence if the person launches a vessel from, or moors a vessel to, any part of Museum premises.
Penalty: 5 penalty units.
31 Swimming to or from Museum premises
A person commits an offence if the person:
(a) swims to any part of Museum premises; or
(b) swims from any part of Museum premises.
Penalty: 5 penalty units.
Division 5—Defences
32 Defences
(1) It is a defence to a prosecution under Part 4 or this Part that, when the relevant conduct was engaged in, the Director had consented, in writing, to the conduct.
(2) It is a defence to a prosecution under Part 4 or this Part that the person accused of the offence is:
(a) a member of the Council; or
(b) the Director; or
(c) a staff member; or
(d) an officer or employee mentioned in section 41 of the Act; or
(e) a person engaged as a consultant under section 42 of the Act; or
(f) a person employed under contract with the Museum; or
(g) a person employed or engaged by a person mentioned in paragraph (f); or
(h) a volunteer engaged by the Museum to assist the Museum;
acting in accordance with the person’s duties.
Note: A defendant bears an evidential burden in relation to the matters in this section: see subsection 13.3(3) of the Criminal Code.
Part 6—Entry charges
33 Entry charges
(1) For the purposes of paragraph 54(1)(d) of the Act, no charge is fixed for entering any Museum premises.
(2) This section does not prevent the Museum from fixing charges for:
(a) special exhibitions or other special events under paragraph 7(1)(r) of the Act; or
(b) services rendered by the Museum under paragraph 7(1)(u) of the Act, including parking on or in Museum premises.
Part 7—Delegations
34 Delegation of powers and functions
(1) The Director may, in writing, delegate the Director’s powers and functions under this instrument to a staff member who is:
(a) an SES employee or an acting SES employee; or
(b) an APS employee who holds or performs the duties of an Executive Level 2 position or an equivalent position.
(2) A person exercising powers or performing functions under a delegation under subsection (1) must comply with any directions of the Director.
Part 8—Transitional provisions
35 Definitions
In this Part:
old regulations means the Australian National Maritime Museum Regulations 1991, as in force immediately before the commencement of this section.
36 Authorisation to supply liquor
An authority:
(a) given under subregulation 8(1) of the old regulations; and
(b) in force immediately before the commencement of this section;
has effect, from that commencement, as if it were an authorisation given under section 9 of this instrument.
37 Security officers
(1) An appointment:
(a) made under subregulation 3(1) of the old regulations; and
(b) in force immediately before the commencement of this section;
has effect, from that commencement, as if it had been made under subsection 13(1) of this instrument.
(2) An identity card:
(a) issued under subregulation 3(2) of the old regulations; and
(b) in force immediately before the commencement of this section;
has effect, from that commencement, as if had been issued under subsection 13(2) of this instrument.
38 Director’s notices
A notice:
(a) issued by the authority of the Director under the old regulations; and
(b) in force immediately before the commencement of this section;
has effect, from that commencement, as if it had been issued under subsection 22(1) of this instrument.
39 Consent of Director
For the purposes of subsection 32(1), it does not matter whether consent was given before, on or after the commencement of this section.