Museum Regulations 1973

The regulations primarily affect members of the public who enter Museum land or buildings. Anyone - visitor, researcher, vendor, protester, photographer - is subject to the full set of prohibitions and directions. There is no exemption for journalists, academics, or students unless they obtain the Director’s written consent for specific activities like photography for commercial publication (reg 11(g)) or handling specimens (reg 7(d)). Persons bringing goods for sale are prohibited unless the Director gives prior approval (reg 8(b)), which would affect concessionaires, food vendors, or souvenir sellers.

Museum staff and agents are largely exempt: reg 3(2)(c) provides that the regulations do not apply to any Trustee, the Director, any officer of the Museum, or any person authorised in writing by the Director, while lawfully acting in the performance of duties. This carve-out is important - it means the same conduct that is an offence for a visitor (e.g., digging a hole, damaging a plant) is permitted if done by an authorised officer in the course of duty. However, staff who are not acting in the course of duty remain fully subject to the regulations.

Honorary wardens are affected in that they are granted powers but must carry and produce certificates. No liability protection is expressed for wardens in the regulations themselves, though state indemnity provisions may apply.

Municipal museums may be brought within the regulations by Gazette notice (reg 3(3)). Once applied, the same prohibitions and powers extend to those properties, affecting their local visitors and staff.

Persons who deposit specimens for identification are affected: if they do not reclaim within 30 days, the Museum may retain, destroy, or dispose of the specimen with no liability (reg 9). This creates a risk for researchers or members of the public who entrust items to the Museum.

Commercial photographers and publishers are directly constrained: reg 14 prohibits publication of any photograph, recording, or reproduction of any object, exhibit, or other thing in the Museum’s care without the Director’s written consent, on penalty of $100. This is a speech restriction that goes beyond trespass or copyright, and could affect journalists, documentary makers, and even academics.

Duty to obey directions - A person on Museum property must obey any reasonable direction of the Director, any staff member, or a warden (reg 7(a)). Failure is an offence. There is no statutory definition of “reasonable” - it is left to the courts on prosecution.

Duty to provide name and address - A person must state their name and address when lawfully required to do so by a staff member or warden, and must not give a false name or refuse (reg 7(b)). The regulation does not specify what “lawfully required” means - presumably the requirement must be connected to enforcement of the regulations or the Act.

Duty to leave when required - A person must leave Museum land or building when required to do so (reg 7(b)). This creates a summary power of exclusion without notice or hearing.

Prohibition on damaging or removing objects - Without the Director’s consent, a person must not handle, mark, deface, move, disturb, uncover, damage, destroy, or remove any specimen, relic, artefact, inscription, arrangement, or other object or exhibit in the Museum’s possession or care, nor disturb the general surrounding environment (reg 7(d)).

Prohibition on bringing prohibited equipment or sale items - Without prior Director approval, a person must not bring diving equipment, digging equipment, lifting equipment, explosives, or any food, beverage, or other article for sale onto Museum property (reg 8).

Prohibition on certain activities on Museum land - Without written consent, a person must not alter or damage structures, dig holes, remove natural materials, harm plants, post signs, drive vehicles except in approved places, camp, light fires, deposit litter, graze animals, leave gates open, or take photographs for commercial reproduction (reg 11). This is a sweeping list that effectively makes almost any alteration of Museum land a criminal offence.

Rights of the Trustees - The Trustees may determine admission conditions, restrict access to any portion of land or building, and prohibit access generally or by specific persons or classes (regs 5, 6). They may do so by Gazette notice, posted notice, or personal service. This power extends to excluding particular individuals without cause.

Right of the Director to retain or destroy unclaimed specimens - The Director may, at discretion, retain, destroy, or dispose of specimens not reclaimed within 30 days, with no liability (reg 9).

Right to cloak articles - Regulation 13 allows the Museum to require a person to deposit umbrellas, bags, overcoats, parcels, or other articles as described on a notice posted at the entrance. The Museum is not liable for loss or damage. Non-compliance attracts a $10 penalty.

Right to remove disorderly persons - The Director, any staff member, or warden may remove any person who is disorderly, appears intoxicated, appears to be using the land for an unlawful purpose or contrary to the objects of the Act, or has committed a breach and is likely to commit another (reg 10). This power is exercisable with such assistants as thought necessary, and no warrant or prior warning is required.

Penalties under the regulations are low, reflecting their 1973 origins, but they remain current in the 2004 reprint. The maximum penalty for most offences (entering prohibited areas, behaviour offences, bringing prohibited equipment, damaging land, unauthorised photography/publication) is $100 (regs 6(2), 7, 8, 11, 14). Minor offences in buildings (loitering, sleeping, spitting, smoking outside designated areas, eating unauthorised food, betting or gambling) carry a penalty of $20 (reg 12). Failure to deposit a cloaked article when required carries a penalty of $10 (reg 13(1)). These amounts have not been updated for inflation - $100 in 1973 would be worth over $1,000 in 2025 purchasing power - so the effective penalty is much lower today. Nonetheless, each offence is a criminal conviction with potential collateral consequences.

Enforcement is primarily by the Director, Museum staff, and wardens. They have power under reg 10 to remove persons without charge, using assistants, which provides a de facto enforcement mechanism independent of prosecution. A person removed is unlikely to be prosecuted for the underlying conduct if they leave peacefully. The power to require name and address assists in issuing infringement notices or summons.

Wardens may exercise powers the Trustees confer by resolution, potentially including powers of arrest or detention (reg 15(1)). The regulations do not limit those powers; they could extend to citizen’s arrest under the Criminal Code. However, honorary wardens must produce their certificate when required (reg 15(2)). Failure to produce may affect the lawfulness of the warden’s actions.

Liability exclusions protect the Museum: no liability for loss or damage to cloaked articles (reg 13(3)) and no liability for destruction or disposal of unclaimed specimens (reg 9(2)). These immunities may be subject to the common law limits of gross negligence, but the regulations give no cause of action.

There is no express statutory right of review of Director’s decisions (e.g., to withhold consent for photography or entry). Affected persons would need to rely on judicial review for jurisdictional error, which is high-cost for small penalties.

The regulations are made under the Museum Act 1969 and are subordinate to that Act. The Act itself creates the Trustees, the Director, and the objects of the Museum. The regulations fill in detailed conduct rules. Under the Interpretation Act 1984 (WA), regulations have the force of law unless inconsistent with the parent Act.

Trespass and property law - The regulations do not replace the general criminal and civil law of trespass. A person entering contrary to a notice under reg 6 may be liable for both a regulatory offence and common law trespass. The Museum could also seek civil remedies for damage beyond the $50/$100 penalties. The removal power in reg 10 is additional to any police power to arrest for trespass.

Criminal Code (WA) - Conduct like damaging Museum property could also be an offence under the Criminal Code (e.g., criminal damage, stealing). The low penalties in the regulations do not displace those offences; prosecutors could charge under either or both, though double jeopardy principles would ordinarily prevent two punishments for the same act.

Heritage and conservation legislation - Because the regulations apply to any land under the Trustees’ control, including reserves and protected areas, other state laws such as the Heritage of Western Australia Act 1990 or the Conservation and Land Management Act 1984 may also apply. The regulations do not provide any hierarchy; compliance with the Museum Regulations does not guarantee compliance with other laws. For example, digging a hole on a heritage site would require separate approvals.

Local government laws - Where Museum land is subject to local government planning or public health laws (e.g., for food vendors under reg 8(b)), the Director’s consent is not a substitute for council permits.

Privacy and surveillance laws - Regulation 11(g) and reg 14 restrict photography and recording for commercial purposes. These provisions may interact with the Surveillance Devices Act 1998 (WA) and the Privacy Act 1988 (Cth) where the Museum is an agency. The regulations do not address non-commercial photography, which appears permitted by silence (although the Director can restrict it via reg 5 conditions of admission).

Work health and safety - The Director’s power to grant consent for diving, digging, or lifting equipment (reg 8) does not obviate obligations under the Work Health and Safety Act 2020 (WA). A staff member bringing such equipment for work purposes would still require risk assessments.

The Museum Regulations 1973 were gazetted on 21 September 1973 and commenced on the same date. According to the compilation table in the reprint, there have been no amendments to the regulations since commencement. The reprint as at 2 April 2004 is the only reprint. Regulation 2 was omitted under the Reprints Act 1984 s 7(4)(f) - that provision allows omission of spent or obsolete provisions. The penalty amounts remain as originally set in 1973. The regulations have not been adjusted for inflation, nor have they been updated to reflect changes in the Museum Act 1969 (which itself has been amended). The common seal design in reg 4(1) is shown as a diagram that may be out of date. The list of defined terms at the end is editorial and not part of the law. The absence of amendment history means that the regulations have remained unchanged for over 50 years, which is unusual for a regulatory instrument governing behaviour on property; one would expect updates to penalties, new technologies (e.g., drones, digital recording), and modernised language.

The source text does not contain any references to litigation, case law, or judicial consideration of the regulations. A search of Australian legal databases (outside this source) reveals no reported cases interpreting the Museum Regulations 1973. The low penalty amounts and the fact that offences are likely dealt with by infringement notice (if at all) mean court cases are rare. The removal power in reg 10 may have been challenged on procedural fairness grounds, but no record appears in this reprint. The absence of litigation may indicate that the regulations operate largely by deterrence and informal enforcement rather than prosecution. It also may indicate that the Director’s broad discretions are rarely tested. Practitioners should be aware that the lack of case law means the scope of terms like “reasonable direction” or “disorderly” is untested, giving enforcement officers wide latitude.

1. Photography and publication restrictions are broad - Regulation 14 prohibits publication of any photograph, recording, or reproduction of any object or exhibit in the Museum’s care without written consent from the Director. This applies to any publication, not just commercial. A tourist posting a photo of a specimen on social media could technically be in breach. The regulation does not define “publication” - it likely covers any communication to the public. The penalty is $100 per image. The Director’s consent could be withheld arbitrarily, as there is no review mechanism.

2. Liability exclusion for cloaked articles - If you deposit a bag or coat as required under reg 13, the Museum is not liable for any loss or damage. This includes theft or damage by staff or third parties. The provision does not require the Museum to take reasonable care. The only protection is the Police forwarding of unclaimed items after 7 days, but again, no liability for loss en route. Visitors should not deposit valuables.

3. Warden powers are undefined - Regulation 15(1) allows the Trustees to confer “such powers as the Trustees may by resolution confer” on a warden. This could include powers of arrest, detention, or search. The public has no way of knowing what powers a particular warden holds, unless the warden produces a certificate that may only state the area of authority, not the powers themselves. The certificate in the schedule (which is not a legal requirement but a form) does not list powers.

4. No time limit on exclusion notices - Under reg 6, the Trustees can prohibit access to any person or class of persons, and the notice may vary as to time, circumstance, or otherwise. There is no requirement for a notice to specify a duration. An individual could be banned indefinitely without any right to be heard. The notice can be served personally, posted, or published in the Gazette. A Gazette notice could ban a whole class (e.g., “any person carrying a camera”) without notification to individuals.

5. Specimen deposit trap - If a member of the public or researcher sends a specimen to the Museum for identification, the Museum may retain it after 30 days with no liability. The regulation does not require the Museum to notify the depositor that the 30 days are running or that the item will be disposed. The only condition is that at the time of receipt there was no undertaking to return it. Many deposit forms likely include a statement that the Museum may retain the specimen, but the regulation does not compel disclosure.

6. No defence of ignorance - The regulations do not provide a defence that a person did not know a notice was posted or that an area was restricted. Regulation 6(2) criminalises entering where the public is not admitted or contrary to conditions, without requiring that the person had notice. The Trustees must “cause notice” of opening hours to be exhibited (reg 5(b)), but do not have to prove that the accused saw it.

7. Director’s consent is unobtainable in practice - The regulations frequently require the Director’s written consent for otherwise lawful activities (photography, digging, bringing equipment). There is no prescribed timeframe, form, or appeal if consent is refused or ignored. The Director could withhold consent for any reason or no reason, effectively banning activities without justification.

8. Regulations apply to a wide range of lands - Reg 3(2)(a) extends the regulations to any land under the control or management of the Trustees pursuant to any Act, including reserves and protected areas. This could include remote sites where a person may not reasonably know that the land is under Museum control. The regulations will still apply.

For visitors - Before entering Museum land or buildings, comply with any posted notices regarding admission conditions, restricted areas, and prohibited articles. If a notice requires cloaking of bags or umbrellas, deposit them in the provided area. Do not bring diving equipment, digging equipment, lifting equipment, explosives, or any items for sale without prior written approval from the Director. Obey any direction from Museum staff, the Director, or a warden - even if you consider the direction unreasonable, as refusing may be an offence (reg 7(a)). Do not handle, mark, deface, move, or remove any specimen or object. Do not dig, remove plants, damage structures, post signs, drive off-road, camp, light fires, or litter, unless you have written consent. Do not take photographs or make recordings for commercial reproduction or publication without written consent. Do not publish any photograph, recording, or reproduction of any Museum object or exhibit without written consent, even if you took it in a public area. Do not loiter, sleep on furniture, spit, smoke outside designated areas, eat unauthorised food, or gamble inside buildings. If you deposit a specimen for identification, assume the Museum may retain it after 30 days; do not deposit anything irreplaceable. If approached by a warden, ask to see their certificate of appointment and note the area of authority. Give your true name and address if required. If asked to leave, do so promptly.

For researchers and academics - Obtain written consent from the Director well in advance for any handling of objects, photography (even non-commercial), or collection of samples. Specify the purpose, items, and duration. Keep a copy of the consent with you. Do not assume that consent for one project extends to another. If depositing samples for identification, check whether the Museum gives an undertaking to return them; if not, consider whether you are willing to lose them.

For commercial photographers and media - Obtain written consent under reg 14 before publishing any image or recording of Museum objects or exhibits, even if taken outside the Museum (e.g., of the building). For photography on Museum land for commercial reproduction, also obtain consent under reg 11(g). Do not rely on general press access; the Director can impose requirements. Consider whether the regulations conflict with the Public Interest Disclosure Act or other statutory rights - but do not assume they override the regulations.

For vendors and event organisers - Do not bring any food, beverage, or other article for sale onto Museum property without the Director’s prior approval (reg 8(b)). Approval will likely be subject to conditions. Ensure you also have any required local government permits.

For museum management - To enforce the regulations effectively, post clear notices at all entrances specifying admission hours, restricted areas, cloaking requirements, and prohibitions. Maintain a register of wardens and their conferred powers. Ensure all honorary wardens carry current certificates. Obtain legal advice before extending regulations to municipal museums via Gazette notice. When imposing a personal access prohibition under reg 6, ensure the notice is served personally (or published) and records the date and grounds. Review the penalties - at $100, they may be too low to deter serious misconduct; consider whether other laws provide more effective remedies.