Museums Act 1983 (Victoria)

The Museums Act 1983 establishes and governs the Museums Board of Victoria (the Board), sets out its corporate form, membership, governance, powers and functions, and creates a regime for the Museum of Victoria, the State collections and a parcel of land described as the Exhibition land. The Act corporates the Board (s 10), prescribes the size and composition of membership and appointment mechanics (s 11), makes Board members subject to the Public Administration Act 2004 (s 11(11)), and creates a statutory Chief Executive Officer role with specific appointment and removal rules (s 17). The Board is defined to represent the Crown in performing its functions (s 22) and is explicitly subject to the direction and control of the Minister (s 22A).

Substantively the Act assigns to the Board operational duties: to control, manage, operate, promote, develop and maintain the Museum of Victoria and to control and manage the Exhibition land for exhibitions and related public uses (s 23; s 23(aa)). It designates the Museum of Victoria as the official place of lodgement of three State collections,natural history, history of human society and history of science and technology,and requires departments to submit relevant material to the Board before disposing of it (s 26(1)-(4)). The Board has broad commercial and property powers,entering contracts, accepting gifts, acting as trustee, charging fees for admission and services (s 24(2)(a)-(c), (j)),but is restricted from selling or leasing objects forming part of a State collection except with Governor in Council approval and after a Board resolution (s 24(3)).

The Act creates procedural and administrative requirements: quorum and meeting frequency (s 12), conflicts of interest declaration and voting exclusions (s 13), a statutory indemnity from the Consolidated Fund in specified circumstances (s 14), delegation rules (s 16), employee transfer and protection provisions (ss 45, 49), and financial/account rules requiring the Board to maintain an account in an authorised deposit-taking institution approved by the Minister and to use funds for Board functions (s 28). It provides for regulations and Board by-laws with limited prescribed penalties (ss 31, 31A) and, following the Filming Approval Act 2014 amendments, requires any regulation or by-law governing film permits to be consistent with film friendly principles (s 31(2A); s 31A(3)). The Act also addresses transition arrangements from earlier museum governance structures and vests control of the Exhibition land in the Board while vesting the land in the Crown and subjecting certain uses to Ministerial approval (Divisions 8 and 9, particularly ss 37-44).

Version No. 043

Museums Act 1983

No. 9903 of 1983

Version incorporating amendments as at
5 February 2025

table of provisions

Section Page

Part I—Preliminary 1

1 Short title and commencement 1

2 Definitions 2

3 Filming Approval Act 2014 2

Part III—Museums Board of Victoria 3

Division 1—Interpretations 3

9 Definitions 3

Division 2—Constitution of the Museums Board of Victoria 4

10 Museums Board of Victoria 4

11 Members of Board 4

11A Membership of Board not office of profit 8

12 Procedure at Board meetings 8

12A Resolutions without meetings 9

13 Conflicts of interest 10

14 Protection of members 11

15 Committees 12

16 Delegation 12

Division 3—Officers and employees 13

17 Chief Executive Officer 13

20 Other staff 14

21 Consultants 14

Division 4—Functions and powers of the Board 15

22 Board represents the Crown 15

22A Board subject to control of Minister 15

23 Functions 15

24 Powers of the Board 17

25 Disposal of unclaimed property 19

26 State collections 20

27 Reciprocal arrangements about the Exhibition land 21

Division 5—Financial 21

28 Account 21

29 Borrowing and investment powers 22

30 Audits 22

Division 6—Regulations and by-laws 23

31 Regulations 23

31A Board may make by-laws 24

Division 7—Transitory provisions 25

32 Definitions 25

33 Existing bodies 25

34 Property held on trust 25

35 Transitional provisions 26

36 Dispositions of property 28

Division 8—Transition from Exhibition Trustees 30

37 Dissolution of Exhibition Trustees 30

38 Council to be successor in law of Trustees 30

39 Transfer of assets and liabilities 30

Division 9—Exhibition land 31

40 Reservation of Exhibition land 31

41 Exhibition land may be used despite reservation 32

42 Lease or licence to use reserved land for car park or other purposes 33

43 Carlton Gardens land 34

44 Regulations under Exhibition Act 1957 34

Division 10—Further transitional provisions 35

45 Determination of staff to be transferred 35

46 Abolition of Museums Advisory Board 35

47 Council of the Museum of Victoria 35

48 Director 36

49 Transfer of staff 36

Schedule 38

Endnotes 39

1 General information 39

2 Table of Amendments 41

3 Explanatory details 45

Version No. 043

Museums Act 1983

No. 9903 of 1983

Version incorporating amendments as at
5 February 2025

An Act to constitute the Museums Advisory Board and the Council of the Museum of Victoria, to abolish certain other Bodies and for that purpose to amend and repeal Various Acts and for other purposes.

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):

Part I—Preliminary

1 Short title and commencement

(1) This Act may be cited as the Museums Act 1983.

(2) The several provisions of this Act shall come into operation on a day or on the respective days to be fixed by proclamation or successive proclamations of the Governor in Council published in the Government Gazette.

S. 1(3) repealed by No. 7/1992 s. 11(a).

2 Definitions

In this Act unless inconsistent with the context or subject-matter—

S. 2 def. of film friendly principles inserted by No. 51/2014 s. 9(Sch. 2 item 11.1).

film friendly principles has the same meaning as in the Filming Approval Act 2014;

S. 2 def. of film permit inserted by No. 51/2014 s. 9(Sch. 2 item 11.1).

film permit has the same meaning as in the Filming Approval Act 2014;

this Act includes the regulations;

Treasurer except where appearing in section 11, means the Treasurer of Victoria;

S. 2 def. of Victorian Museums Guidelines repealed by No. 61/1996
s. 35.

New s. 3 inserted by No. 51/2014 s. 9(Sch. 2 item 11.2).

3 Filming Approval Act 2014

This Act is filming approval legislation within the meaning of the Filming Approval Act 2014.

Pt 2
(Heading and ss 3–8) amended by Nos 7/1992
s. 11(b), 29/1994
ss 48(1)–(4), 49, 42/1995 s. 224
(Sch. 2 item 27.1(a)–(c)), repealed by No. 61/1996
s. 36.

Pt 3 (Heading) amended by No. 28/2007 s. 3(Sch. item 43).

Part III—Museums Board of Victoria

Division 1—Interpretations

9 Definitions

In this Part unless inconsistent with the context or subject-matter—

S. 9 def. of Board inserted by No. 61/1996
s. 37(1)(a).

Board means the Museums Board of Victoria established by section 10;

S. 9 def. of Chief Executive Officer inserted by No. 61/1996
s. 37(2).

Chief Executive Officer means the Chief Executive Officer of the Museums Board of Victoria appointed under section 17;

S. 9 def. of Council repealed by No. 61/1996
s. 37(1)(a).

S. 9 def. of Director repealed by No. 61/1996
s. 37(2).

S. 9 def. of Exhibition land
inserted by No. 100/1995 s. 40.

Exhibition land means the land shown hatched on the plan in the Schedule together with all the buildings, structures, fences, gardens and improvements on the land;

S. 9 def. of museum land
repealed by No. 7/1992 s. 3(a).

S. 9 def. of Museum of Victoria amended by No. 61/1996
s. 37(1)(b).

Museum of Victoria means the premises from time to time used by the Board for its activities under this Act.

Pt 3 Div. 2 (Heading) amended by No. 61/1996
s. 38.

Division 2—Constitution of the Museums Board of Victoria

10 Museums Board of Victoria

S. 10(1) amended by No. 61/1996
s. 39(a).

(1) There is hereby established a board to be known as the Museums Board of Victoria.

S. 10(2) amended by No. 61/1996
s. 39(b).

(2) The Board shall be a body corporate and shall have perpetual succession and a common seal and shall be capable in law of suing and being sued, of acquiring, holding and disposing of real and personal property and of doing and suffering all acts, matters and things which bodies corporate may by law do and suffer.

S. 10(3) amended by No. 61/1996
s. 39(b).

(3) The Board shall provide for the safe custody of its common seal.

S. 10(4) amended by No. 61/1996
s. 39(b).

(4) An instrument to which the common seal of the Board is affixed shall not be taken to have been executed by the Board unless it is also signed by a person authorized by the Board.

S. 10(5) amended by No. 61/1996
s. 39(b).

(5) All courts, judges and persons acting judicially shall take judicial notice of the common seal of the Board affixed to any document and until the contrary is proved shall presume that it was duly affixed.

11 Members of Board

S. 11(1) amended by No. 61/1996
s. 40(1)(a).

(1) The Board shall consist of not more than eleven members and not fewer than seven members appointed by the Governor in Council of whom not fewer than half shall be chosen from persons—

S. 11(1)(a) amended by No. 61/1996
s. 40(1)(b).

(a) holding senior academic office at a university in Victoria in a discipline appropriate to the functions of the Board;

S. 11(1)(b) amended by No. 61/1996
s. 40(1)(c).

(b) who, in the opinion of the Minister, are experienced in business administration and finance; or

S. 11(1)(c) amended by No. 61/1996
s. 40(1)(d)(i)(ii).

(c) who, in the opinion of the Minister, are distinguished in education, science, the history of human society or another field appropriate to the functions of the Board.

S. 11(2) substituted by No. 61/1996
s. 40(2).

(2) The Governor in Council, after consultation between the Minister and the Board, must appoint a member of the Board to be President.

(3) A person appointed under subsection (2)—

S. 11(3)(a) amended by No. 61/1996
s. 40(3)(a).

(a) shall be appointed for a term of not more than three years;

(b) shall be eligible for re-appointment;

S. 11(3)(c) amended by No. 61/1996
s. 40(3)(b).

S. 11(4) amended by No. 61/1996
s. 40(4).

(4) Each member of the Board shall be appointed for the term, not exceeding three years, that is fixed by the Governor in Council in the instrument of his appointment but subject to subsections (5) and (6) shall be eligible for re-appointment.

S. 11(5) repealed by No. 42/1995 s. 224(Sch. 2 item 27.2(a)).

S. 11(6) substituted by No. 7/1992 s. 7,
amended by No. 61/1996
s. 40(5).

(6) A person who has been a member of the Board for 9 consecutive years ceases to hold office and is not eligible for re-appointment unless—

(a) the person is, or immediately before the expiry of the ninth consecutive year the person was, the President; or

S. 11(6)(b) amended by No. 61/1996
s. 40(5).

(b) a period of 3 years or more has elapsed since the person last was a member of the Board.

S. 11(7) amended by No. 61/1996
s. 40(6).

(7) The Governor in Council may in the instrument of appointment of a member of the Board specify the terms and conditions of appointment.

S. 11(8) amended by No. 61/1996
s. 40(7).

(8) The Governor in Council may at any time remove a member of the Board from office.

S. 11(9) amended by No. 61/1996
s. 40(8).

(9) The office of a member of the Board shall become vacant—

(a) at the expiration of his term of office;

(b) if he dies;

(d) if he is removed from office pursuant to subsection (8);

(e) if he becomes bankrupt or applies to take the benefit of bankruptcy or insolvent debtors or by deed or writing compounds with his creditors;

(f) if he becomes incapable of performing his duties;

S. 11(9)(g) amended by Nos 42/1995 s. 224(Sch. 2 item 27.2(b)), 61/1996
s. 40(8).

(g) if he is wilfully absent from three consecutive meetings of the Board without leave granted by the President (which leave the President is hereby empowered to grant);

S. 11(9)(h) repealed by No. 42/1995 s. 224(Sch. 2 item 27.2(c)).

(10) Where any leave granted to a member by the President exceeds three consecutive meetings the President shall notify the Minister of the granting of leave.

S. 11(11) substituted by No. 61/1996
s. 40(9), amended by No. 46/1998
s. 7(Sch. 1), substituted by Nos 108/2004 s. 117(1) (Sch. 3 item 139.1), 80/2006 s. 26(Sch. item 74).

(11) The Public Administration Act 2004 (other than Part 3 of that Act) applies to a member of the Board in respect of the office of member.

S. 11(12) substituted by No. 61/1996
s. 40(10).

(12) A member of the Board is entitled to be paid any remuneration or travelling or other allowances fixed for that member from time to time by the Governor in Council.

S. 11(13) inserted by No. 29/1994
s. 50, repealed by No. 61/1996 s. 40(11).

S. 11A inserted by No. 29/1994
s. 51, amended by No. 61/1996
s. 41.

11A Membership of Board not office of profit

A member of the Board shall not be taken by reason of being a member to hold an office or place of profit under the Crown which would—

(a) prevent the member sitting or voting as a member of the Legislative Council or Legislative Assembly; or

(b) make void the member's election to the Legislative Council or Legislative Assembly; or

(d) subject the member to liability to a penalty under the Constitution Act 1975.

12 Procedure at Board meetings

S. 12(1) amended by No. 61/1996
s. 42(1)(3).

(1) The Board shall meet at such times and places as are fixed by the President and shall hold at least 6 meetings in each year.

S. 12(2) substituted by No. 61/1996
s. 42(2).

(2) The President or, in his or her absence, a member elected by the members present, must preside at a meeting of the Board.

S. 12(3) amended by No. 61/1996
s. 42(3).

(3) A majority of the members of the Board for the time being shall constitute a quorum.

S. 12(4) amended by No. 61/1996
s. 42(3).

(4) Subject to the presence of a quorum, the Board may act notwithstanding a vacancy in its membership.

S. 12(5) amended by No. 61/1996
s. 42(3).

(5) A question arising at a meeting of the Board shall be determined by a majority of the votes of the members of the Board present and voting and in the event of an equality of votes the person presiding shall have an additional or casting vote.

S. 12(6) amended by No. 61/1996
s. 42(3).

(6) An act or decision of the Board shall not be invalid by reason only of a defect or irregularity in or in connexion with the appointment of a member.

S. 12(7) amended by No. 61/1996
s. 42(3).

(7) Subject to this Act, the Board may regulate its own proceedings.

S. 12A inserted by No. 61/1996
s. 43.

12A Resolutions without meetings

(1) If—

(a) the Board has taken reasonable steps to give notice to each member setting out the terms of a proposed resolution; and

(b) a majority of the members for the time being sign a document containing a statement that they are in favour of the resolution in the terms set out in the document—

a resolution in those terms is deemed to have been passed at a meeting of the Board 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.

(2) For the purposes of subsection (1), 2 or more separate documents containing a statement in identical terms, each of which is signed by one or more members, are deemed to constitute one document.

(3) If a resolution is, under subsection (1), deemed to have been passed at a meeting of the Board, each member must as soon as practicable be advised of the matter and given a copy of the resolution.

(4) The majority of members referred to in subsection (1)(b) must not include a member
who, because of section 13, is not entitled to vote on the resolution.

S. 13 substituted by No. 61/1996
s. 44.

13 Conflicts of interest

(1) If—

(a) a member has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the Board; and

(b) the interest could conflict with the proper performance of the member's duties in relation to the consideration of the matter—

the member, as soon as practicable after becoming aware of the relevant facts, must declare the nature of the interest to the Board or, in the case of a proposed resolution notice of which is given under section 12A(1)(a), to the President.

(2) The Board or the President must cause the declaration to be tabled at the next meeting of the Board and the person presiding at that meeting must cause the declaration to be recorded in the minutes of the meeting.

(3) A member who has a conflict of interest in a matter—

(a) must not be present during any deliberations on the matter, unless the Board directs otherwise; and

(b) is not entitled to vote on the matter.

(4) If a member votes on a matter in contravention of subsection (3)(b), the vote must be disallowed.

(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).

(6) For the purposes of this section, a member is not to be regarded as having a conflict of interest—

(a) in a matter relating to the supply of goods or services to the member if the goods or services are, or are to be, available to members of the public on the same terms and conditions; or

(b) in a contract or arrangement only because that contract or arrangement may benefit a company or other body in which the member has a beneficial interest that does not exceed 1% of the total nominal value of beneficial interests in that company or body.

14 Protection of members

S. 14(1) amended by No. 61/1996
s. 45.

(1) Where a member or former member of the Board is personally liable to make payment by way of compensation or reimbursement to the Board or any other person by reason of an act done or concurred in or omitted to be done by him while a member of the Board, the Treasurer shall, if—

S. 14(1)(a) amended by No. 61/1996
s. 45.

(a) the act or omission formed part of a course of conduct which the member or former member honestly and reasonably believed the Board was by law required or authorized to pursue; and

S. 14(1)(b) amended by No. 61/1996
s. 45.

(b) in the case of an act done or omitted to be done by the member or former member, the act or omission formed part of a course of conduct which the member or former member honestly and reasonably believed the Board had required or authorized him to pursue on its behalf—

indemnify him out of the Consolidated Fund (which is hereby to the necessary extent appropriated accordingly) to the full extent of his liability.

(2) For the purposes of subsection (1), a belief may be held to have been honest and reasonable notwithstanding that it was wrong as to a matter of law.

S. 14(3) amended by No. 61/1996
s. 45.

(3) The indemnity conferred upon a member or former member of the Board by subsection (1) is in addition to any indemnity to which he is otherwise entitled by law.

S. 15 amended by Nos 80/1988
s. 55(5)(a), 7/1992
s. 3(b), substituted by No. 61/1996
s. 46.

15 Committees

(1) The Board may—

(a) establish any committees it considers necessary and define the constitution and functions of each committee so established;

(b) determine the procedure of each committee;

(d) dissolve a committee.

(2) A person may be a member of a committee established by the Board even though he or she is not a member of the Board.

(3) A member of a committee established by the Board is entitled to receive any fees or travelling or other expenses determined by the Board.

S. 16 substituted by No. 61/1996
s. 47.

16 Delegation

(1) The Board 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—

(a) the members constituting a committee of the Board, if the committee includes 2 or more members of the Board; or

S. 16(1)(b) amended by No. 61/1996
s. 48.

(b) the Chief Executive Officer; or

(d) any member of its staff.

(2) A delegation under subsection (1) may be made to a specified person or class of persons referred to in that subsection.

Division 3—Officers and employees

17 Chief Executive Officer

S. 17(1) amended by No. 61/1996
s. 49(2)(a).

(1) There shall be a Chief Executive Officer of the Museums Board of Victoria who—

S. 17(1)(a) amended by No. 61/1996
s. 49(1)(a), repealed by No. 61/1996
s. 49(2)(b).

S. 17(1)(b) amended by No. 61/1996
s. 49(1)(a).

(b) subject to and in accordance with the directions given to him by the Board, shall have the control of the day to day management of the affairs of the Board.

S. 17(2) substituted by No. 61/1996
s. 49(3).

(2) The Chief Executive Officer shall be appointed by the Board, 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.

S. 17(3) substituted by No. 61/1996
s. 49(3).

(3) The Chief Executive Officer holds office, subject to this Act, on the terms and conditions that are specified in the instrument of appointment.

S. 17(4) amended by No. 61/1996
s. 49(1)(b), substituted by No. 61/1996
s. 49(3).

(4) The Board must not remove the Chief Executive Officer from office except with the approval of the Minister.

S. 17(5)(6) repealed by No. 61/1996
s. 49(3).

S. 18 amended by No. 50/1988
s. 93(2)(Sch. 2 Pt 2 item 38), repealed by No. 61/1996
s. 50.

S. 19 amended by No. 31/1994
s. 3(Sch. 1 item 44), repealed by No. 61/1996
s. 51.

S. 20 substituted by No. 61/1996
s. 52.

20 Other staff

The Board may employ any other persons necessary for the purposes of this Act.

S. 21 amended by Nos 61/1996
s. 53, 66/2001 s. 8.

21 Consultants

The Board may engage such consultants and technical advisors as the Board considers necessary from time to time to enable the Board to perform its functions and exercise its powers under this Act.

Pt 3 Div. 4 (Heading) substituted by No. 61/1996
s. 54.

Division 4—Functions and powers of the Board

S. 22 amended by No. 100/1995 s. 41, substituted by No. 61/1996
s. 55.

22 Board represents the Crown

In performing its functions and exercising its powers under this Act, the Board represents the Crown.

S. 22A inserted by No. 61/1996
s. 55.

22A Board subject to control of Minister

In performing its functions and exercising its powers under this Act, the Board is subject to the direction and control of the Minister.

S. 23 amended by No. 61/1996
s. 56(a).

23 Functions

The functions of the Board are—

S. 23(a) amended by No. 61/1996
s. 56(b).

(a) to control, manage, operate, promote, develop and maintain the Museum of Victoria;

S. 23(aa) inserted by No. 100/1995 s. 42(a).

(aa) to control, manage, operate, promote, develop and maintain the Exhibition land as a place—

(i) for the holding of public exhibitions;

(ii) for the assembly, education, instruction, entertainment or recreation of the public or any sector of the public;

S. 23(aa)(iii) amended by No. 61/1996
s. 56(c).

(iii) for any other uses which will not substantially interfere with the continued use of the land for museum or exhibition purposes that the Governor in Council directs or that the Board, with the approval of the Minister, determines;

S. 23(b) amended by No. 61/1996
s. 56(d).

(b) to develop and maintain the State collections of natural sciences, indigenous culture, social history and science and technology;

(d) to promote use of those collections for scientific research;

(e) to promote the use of the Museum's resources for education in Victoria;

S. 23(f) substituted by No. 61/1996
s. 56(e).

(f) to research, present and promote issues of public relevance and benefit in the following fields—

(i) the origins, development and diversity of cultures in Australia and adjacent lands;

(ii) the natural environment;

(iii) science and technology and their applications to the development of society;

(g) to act as a repository for specimens upon which scientific studies have been made or which may have special cultural or historical significance;

S. 23(ga) inserted by No. 61/1996
s. 56(f).

(ga) to provide leadership to museums in Victoria;

S. 23(gb) inserted by No. 61/1996
s. 56(f).

(gb) to advise the Minister on matters relating to museums, and co-ordination of museum services, in Victoria;

S. 23(h) amended by Nos 100/1995 s. 42(b), 61/1996
s. 56(g).

(h) to carry out such other functions appropriate to museums and the Exhibition land as the Minister from time to time directs.

24 Powers of the Board

S. 24(1) amended by No. 61/1996
s. 57(1)(a)(b).

(1) Subject to this Act, the Board has the power to do all things necessary or convenient to be done for or in connexion with the performance of its functions.

S. 24(2) amended by No. 61/1996
s. 57(2)(b).

(2) Without limiting or derogating from the generality of subsection (1), the powers of the Board include power—

S. 24(2)(a) substituted by No. 61/1996
s. 57(2)(a).

(a) to enter into contracts, agreements or arrangements with any person or body of persons and do everything, including the payment of money, that is necessary or expedient for carrying the contracts, agreements or arrangements into effect;

S. 24(2)(b) substituted by No. 61/1996
s. 57(2)(a).

(b) to accept real or personal property by purchase, gift, grant, devise or bequest, whether on trust or otherwise;

S. 24(2)(c) substituted by No. 61/1996
s. 57(2)(a).

S. 24(2)(d)–(i) repealed by No. 61/1996
s. 57(2)(a).

S. 24(2)(j) amended by Nos 100/1995 s. 43(a)(i)–(iii), 61/1996
s. 57(2)(b).

(j) to charge and receive fees fixed by the Board in respect of any services supplied by the Board and in respect of the admission of persons or vehicles to the Museum of Victoria or the Exhibition land or any part of the Museum of Victoria or the Exhibition land, or to any classes, activities or exhibitions organized or conducted by the Board;

S. 24(2)(ja) inserted by No. 100/1995 s. 43(b).

(ja) in relation to the Exhibition land, the granting to other persons or bodies of authorities to occupy any part of the Exhibition land—

(i) for the purpose of or in connection with the provision of facilities for the assembly, education, instruction, entertainment, recreation or convenience of persons using the Museum of Victoria or the Exhibition land; or

(ii) if the part of the Exhibition land is not presently required for museum or exhibition purposes, for any other purpose which will not substantially interfere with the continued use of the land for museum or exhibition purposes;

S. 24(2)(k) amended by No. 61/1996
s. 57(2)(b).

(k) to do all such things as are in the opinion of the Board incidental to the carrying out of its functions or the exercise of its powers.

S. 24(3) amended by No. 61/1996
s. 57(3)(a).

(3) Notwithstanding anything to the contrary in this Act the Board shall not sell, lease or dispose of an object being part of a State collection unless—

(a) the Governor in Council has granted approval for that sale, lease or disposal;

S. 24(3)(b) amended by No. 61/1996
s. 57(3)(b).

(b) the Board has resolved that retention of that object is unnecessary and inappropriate to the activities of the Board; or

S. 24(3)(c) amended by No. 61/1996
s. 57(3)(c).

25 Disposal of unclaimed property

S. 25(1) amended by No. 61/1996
s. 58(1)(a).

(1) Subject to subsection (2) and with the approval of the Governor in Council the Board may retain, exchange, sell, lease or dispose of any property which although not vested in it by or under this Act—

S. 25(1)(a) amended by No. 61/1996
s. 58(1)(b).

(a) has been submitted to or left with the Board or its duly authorized officer with a view to its acceptance by the Board by way of gift or purchase or for valuation or for the giving of an opinion thereon by or on behalf of the Board or for consideration for the purpose of any prize or competition;

S. 25(1)(b) amended by No. 61/1996
s. 58(1)(c).

(b) has remained in the possession or custody of the Board for a period of not less than five years; and

(c) has not, after notice given as hereinafter provided, been claimed by or on behalf of the person submitting or leaving such property as aforesaid or any other person claiming such property or any interest therein.

S. 25(2) amended by No. 61/1996
s. 58(2)(a).

(2) Before seeking the approval of the Governor in Council to any retention, exchange, sale, lease or disposal pursuant to the provisions of subsection (1) the Board shall give not less than six months notice of its intention so to deal with the property—

(a) by written notice sent by prepaid registered post to the person who submitted or left the property and addressed to him at his last known place of abode or business or, if such person is deceased, to his personal representative in like manner; or

S. 25(2)(b) amended by No. 61/1996
s. 58(2)(b).

(b) by notice published in the Government Gazette and in a daily newspaper circulating generally throughout Victoria if the name or the place of abode or business of the person who submitted or left the property is not known to the Board.

26 State collections

(1) The Museum of Victoria shall be the official place of lodgement of the State collections of natural history (including collections of type specimens), the history of human society and the history of science and technology.

S. 26(2) amended by No. 61/1996
s. 59(1).

(2) Where a department holds material which forms a collection or part of a collection of material in the field of natural history, the history of human society or the history of science and technology, the department shall not dispose of that material unless the department first submits the material to the Board.

S. 26(3) amended by No. 61/1996
s. 59(1).

(3) Where the Board receives material submitted to it pursuant to subsection (2), it shall as soon as is practicable determine whether that material is appropriate for inclusion in a State collection of natural history, the history of human society or the history of science and technology.

S. 26(4) amended by No. 61/1996
s. 59(1).

(4) Where, pursuant to subsection (3), the Board determines that material is appropriate for inclusion in a State collection, that material shall thereupon for the purposes of this Act be deemed to form part of that State collection.

S. 26(5) substituted by Nos 61/1996
s. 59(2), 46/1998
s. 7(Sch. 1), amended by No. 108/2004 s. 117(1) (Sch. 3 item 139.2).

(5) In this section department means a department or administrative office within the meaning of the Public Administration Act 2004.

S. 27
repealed by No. 7/1992 s. 3(c), new s. 27
inserted by No. 100/1995 s. 44, amended by Nos 71/1996
s. 36, 61/1996
s. 60(a)(b), 38/2024 s. 17.

27 Reciprocal arrangements about the Exhibition land

The Board, for the purpose of carrying out its functions with respect to the Royal Exhibition Building, may enter into an agreement or arrangement with the Victorian Convention and Event Trust concerning the carrying out by the Victorian Convention and Event Trust of any of the Board's functions with respect to the Royal Exhibition Building or any part of the Exhibition land that is reasonably required in conjunction with the use of the Royal Exhibition Building that is reasonably required in conjunction with the use of the Royal Exhibition Building.

Division 5—Financial

28 Account

S. 28(1) amended by Nos 61/1996
s. 61(a), 46/1998
s. 7(Sch. 1), 11/2001 s. 3(Sch. item 54.1(a) (b)).

(1) The Board shall establish and maintain in an authorised deposit-taking institution within the meaning of the Banking Act 1959 of the Commonwealth approved by the Minister administering Part 7 of the Financial Management Act 1994 an account in the name of the Board into which shall be paid all money received by or paid to the Board other than any money to which subsection (4) applies.

S. 28(2) amended by Nos 61/1996
s. 61(a), 11/2001 s. 3(Sch. item 54.2).

(2) Subject to subsection (3), money standing to the credit of the Board in the account referred to in subsection (1) may be applied by the Board only for or towards the costs and expenses of or incidental to the performance of the functions or the exercise of the powers of the Board pursuant to this Act.

S. 28(3) amended by Nos 104/1995 s. 6(Sch. 1 item 21(a)(b)), 61/1996
s. 61(a), repealed by No. 61/1996
s. 61(b).

S. 28(4) amended by No. 61/1996
s. 61(a).

(4) This section shall not apply to any moneys received or paid out by the Board subject to and in accordance with the terms of a special trust.

S. 29 substituted by No. 61/1996
s. 62.

29 Borrowing and investment powers

The Board has the powers conferred on it by the Borrowing and Investment Powers Act 1987.

30 Audits

S. 30(1)–(8) repealed by No. 31/1994 s. 4(Sch. 2 item 57).

S. 30(9) amended by No. 61/1996
s. 63(a).

(9) The Board may engage a registered company auditor to carry out such intermediate inspections and audits as the Board thinks necessary.

Pt 3 Div. 6 (Heading) amended by No. 7/1992 s. 9.

Division 6—Regulations and by-laws

S. 31 substituted by No. 7/1992
s. 10.

31 Regulations

(1) The Governor in Council may make regulations for or with respect to—

S. 31(1)(a) amended by No. 61/1996
s. 63(b).

(a) in relation to Crown land reserved under the Crown Land (Reserves) Act 1978, anything for or in respect of which the Board as trustee could make regulations under section 13(1) of that Act; and

(b) generally prescribing any other matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.

(2) The regulations may impose penalties not exceeding 2 penalty units for a contravention of the regulations.

S. 31(2A) inserted by No. 51/2014 s. 9(Sch. 2 item 11.3).

(2A) 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.

S. 31(3) amended by No. 78/2010 s. 24(Sch. 1 item 21.1)

(3) Regulations made under this Act may be disallowed in whole or in part by resolution of either House of Parliament.

S. 31(4) repealed by No. 78/2010 s. 24(Sch. 1 item 21.2)

S. 31A inserted by No. 7/1992
s. 10.

31A Board may make by-laws

S. 31A(1) amended by No. 61/1996
s. 63(c).

(1) The Board may make by-laws not inconsistent with the regulations for or with respect to—

S. 31A(1)(a) amended by No. 61/1996
s. 63(c).

(a) regulating or prohibiting admission to or removal from any building or part of a building managed or controlled by the Board; and

S. 31A(1)(b) amended by No. 61/1996
s. 63(c).

(b) the preservation, inspection, copying or lending of specimens, exhibits, equipment, data pertaining to the collections, publications or other objects or things under the control of the Board; and

S. 31A(1)(c) amended by No. 61/1996
s. 63(c).

(c) the care, protection and management of land and buildings or parts of buildings owned or under the management or control of the Board, and the safeguarding of the contents of those buildings against theft or damage; and

S. 31A(1)(d) amended by No. 61/1996
s. 63(c).

(d) the preservation of good order and decency on land and in buildings or parts of buildings owned or under the management or control of the Board.

(2) The by-laws may impose penalties not exceeding 2 penalty units for a contravention of the by-laws.

S. 31A(3) inserted by No. 51/2014 s. 9(Sch. 2 item 11.4).

(3) Any by-laws made under this section for or with respect to the issuing of film permits must not be inconsistent with the film friendly principles.

Division 7—Transitory provisions

32 Definitions

In this Division unless inconsistent with the context or subject-matter—

appointed day means the day on which section 33 comes into operation;

existing bodies means the Building Trustees established under the State Library National Gallery National Museum and Institute of Applied Science Act 1960, the Council of the Science Museum of Victoria established under the Science Museum of Victoria Act 1970 and the National Museum of Victoria Council established under the National Museum of Victoria Council Act 1970, and existing body means one of them.

33 Existing bodies

S. 33(1) repealed by No. 100/1995 s. 46(2).

(2) The existing bodies are hereby dissolved, and the members thereof shall go out of office.

(3) The Council is the successor in law of the existing bodies.

34 Property held on trust

S. 34(1) repealed by No. 7/1992
s. 3(d).

S. 34(2) amended by No. 7/1992
s. 3(e).

(2) All property vested in the Council on the appointed day shall be held by the Council subject to the conditions or trusts on which it was held immediately before the appointed day.

S. 34(3)–(6) repealed.[1]

35 Transitional provisions

Upon and from the appointed day—

(a) any contract, agreement, deed, bond or other instrument lawfully entered into or made by an existing body and subsisting immediately before that day shall become and be as binding and of as full force and effect in all respects against or in favour of the Council as if it had been entered into or made by the Council;

(b) any action, arbitration or legal or other proceeding which was immediately before that day pending or subsisting by or in favour of or against an existing body shall not be abated or discontinued or prejudiced by reason of the provisions of this Act, but may be prosecuted, continued or enforced by, against or in favour of the Council in the same manner as it might have been prosecuted, continued or enforced by, against or in favour of an existing body if this Act had not been passed;

(c) notwithstanding the repeal by this Act of section 27 of the State Library National Gallery National Museum and Institute of Applied Science Act 1960, section 15 of the Science Museum of Victoria Act 1970 and section 15 of the National Museum of Victoria Council Act 1970 those provisions shall continue to apply in respect of acts done or taken or omitted to be done or taken before the appointed day as if those provisions had not been repealed;

(d) any regulations—

(i) made under or continued in force by the State Library National Gallery National Museum and Institute of Applied Science Act 1960;

(ii) made under the Science Museum of Victoria Act 1970; or

(iii) made under the National Museum of Victoria Council Act 1970—

which were in force immediately before the appointed day shall, so far as they relate to matters for or with respect to which regulations may be made under this Act, remain subject to this Act in full force and operation, and may be amended or revoked as if they were made under this Act;

S. 35(e) amended by No. 12/1989
s. 4(1)(Sch. 2 item 84.1).

(e) any reference to, or any reference which is deemed to be a reference to, an existing body in any other Act or in any proclamation, Order in Council, regulation, by-law, local law, order, legal or other proceeding instrument or document shall be deemed and taken to refer to the Council;

(f) any money standing to the credit of, or payable to the credit of, an account kept by an existing body shall be paid into the bank account kept under section 28;

(g) all acts, matters and things of a continuing nature made, done or commenced by or on behalf of an existing body which have or are capable of acquiring any force or effect shall be deemed to have been made done or commenced by or in relation to or on behalf of the Council and shall have effect and may be continued or completed by or in relation to or on behalf of the Council accordingly.

36 Dispositions of property

(1) Where there is made a disposition of property, being a disposition to which this section applies, to, in favour of or for the uses and purposes of—

S. 36(1)(a) amended by No. 10087
s. 3(1)(Sch. 1 item 174).

(a) the trustees of the Museum of Applied Science of Victoria;

(b) the trustees of the National Museum of Victoria;

(d) the trustees of the Institute of Applied Science of Victoria; or

(e) an existing body—

it shall take effect as if it had been made or declared to or in favour of or for the uses and purposes of the Council.

(2) Where there is made a disposition of property, being a disposition to which this section applies, to, in favour of or for the uses and purposes of the Trustees of the Public Library Museums and National Gallery of Victoria it shall take effect as if it had, in respect of each particular item of property, been made or declared severally to or in favour of or for the uses and purposes of whichever of the following bodies is the most appropriate, having regard to the nature of the property and the apparent intention of the donor or testator—

(a) the Council of Trustees of the National Gallery of Victoria;

S. 36(2)(b) amended by Nos 80/1988
s. 55(5)(c), 61/1996
s. 63(d).

(b) the Library Board of Victoria; or

(3) Where there is made a disposition of property to which subsection (2) applies, such property being a sum of money, in terms which do not sufficiently indicate which body would be the most appropriate recipient, then such property shall be deemed to have been made or declared—

(a) as to two-fifths of the sum—in favour of or for the uses or purposes of the Council of Trustees of the National Gallery of Victoria;

S. 36(3)(b) amended by Nos 80/1988
s. 55(5)(d), 61/1996
s. 63(e).

(b) as to one-fifth of the sum—in favour or for the uses or purposes of the Library Board of Victoria;

(4) In this section, disposition to which this section applies means a donation, gift, disposition or trust of property lawfully made or declared or deemed to have been made or declared, whether before or after the appointed day, by deed, will or otherwise, other than one of the bequests or trusts referred to in section 20(f) of the National Gallery of Victoria Act 1966.

Pt 3 Div. 8 (Heading and ss 37–39) inserted by No. 100/1995 s. 45.

Division 8—Transition from Exhibition Trustees

S. 37
inserted by No. 100/1995 s. 45.

37 Dissolution of Exhibition Trustees

(1) The body corporate by the name of "The Exhibition Trustees" established under the Exhibition Act 1957 is dissolved.

(2) A person holding office as a member of The Exhibition Trustees under the Exhibition Act 1957 immediately before the commencement of section 45 of the Miscellaneous Acts (Omnibus Amendments) Act 1995 ceases to hold that office.

(3) A person who, immediately before the commencement of section 45 of the Miscellaneous Acts (Omnibus Amendments) Act 1995, was an officer or employee of The Exhibition Trustees ceases to be such an officer or employee.

S. 38
inserted by No. 100/1995 s. 45.

38 Council to be successor in law of Trustees

The Council of the Museum of Victoria is the successor in law of The Exhibition Trustees.

S. 39
inserted by No. 100/1995 s. 45.

39 Transfer of assets and liabilities

(1) On and from the commencement of section 45 of the Miscellaneous Acts (Omnibus Amendments) Act 1995—

(a) all assets, property and rights in or held by The Exhibition Trustees immediately before that commencement vest in the Council;

(b) all liabilities of The Exhibition Trustees existing immediately before that commencement become liabilities of the Council;

(c) the Council is substituted as a party to any agreement, contract, lease or other arrangement, and to any proceeding, to which The Exhibition Trustees was a party immediately before that commencement;

(d) any reference to The Exhibition Trustees in any Act, subordinate instrument within the meaning of the Interpretation of Legislation Act 1984 or any document whatever is, in relation to any period occurring on or after that date of commencement, and unless inconsistent with the context or subject matter, to be taken to be a reference to the Council.

(2) The operation of subsection (1)(c) does not confer on any party (other than the Council) to an agreement, contract, lease or other arrangement any right or benefit not existing before that commencement.

Pt 3 Div. 9 (Heading and ss 40–44) inserted by No. 100/1995 s. 45.

Division 9—Exhibition land

S. 40
inserted by No. 100/1995 s. 45.

40 Reservation of Exhibition land

(1) The permanent reservation of the Exhibition land is revoked.

(2) The Exhibition land—

(a) is divested from the Exhibition Trustees and ceases to be under the general control, administration and management of the Exhibition Trustees; and

(b) vests in the Crown; and

(c) is deemed to be unalienated land of the Crown, freed and discharged from all trusts, limitations, reservations, restrictions encumbrances, estates and interests except those referred to in subsection (3).

S. 40(3) amended by No. 61/1996
s. 63(f).

(3) Subsection (2)(c) does not affect the continuity, status or effect of any lease, licence, permit or authority existing over the Exhibition land immediately before the date it was vested in the Crown under this section, but from that date the lease, licence, permit or authority has effect as if granted by the Board.

(4) The Exhibition land is deemed to be permanently reserved under section 4(1) of the Crown Land (Reserves) Act 1978 as a site for exhibition and museum purposes.

S. 40(5) amended by No. 61/1996
s. 63(f).

(5) The general control, administration and management of the Exhibition land is vested in the Board.

S. 40(6) amended by No. 61/1996
s. 63(f).

(6) Nothing in the Crown Land (Reserves) Act 1978 relating to the management or control of Crown lands or reserves applies to the Board in exercising its powers under subsection (5) over the Exhibition land.

S. 41
inserted by No. 100/1995 s. 45.

41 Exhibition land may be used despite reservation

(1) With the approval of the Minister administering the Crown Land (Reserves) Act 1978 any part of the land on the plan in the Schedule may be used and developed for—

(a) an underground car park or car parks to be constructed underneath the Exhibition land; or

(b) any other use which will not substantially interfere with the continued use of the land for museum and exhibition purposes.

(2) This section applies despite anything to the contrary in the Crown Land (Reserves) Act 1978 and the Land Act 1958 or anything in any other Act or law.

S. 42
inserted by No. 100/1995 s. 45.

42 Lease or licence to use reserved land for car park or other purposes

S. 42(1) amended by No. 61/1996
s. 63(g)(i).

(1) The Board may, in accordance with this section, grant to any person or body—

(a) with the approval of the Minister administering the Crown Land (Reserves) Act 1978, a lease; or

(b) a licence—

for Crown land, or a stratum of Crown land, comprising any part of the land shown on the plan in the Schedule if the land is to be used or developed for museum or exhibition purposes or any of the purposes referred to in section 41.

(2) A lease or licence under this section—

S. 42(2)(a) amended by No. 61/1996
s. 63(g)(i).

(a) is subject to any conditions that the Board thinks fit and specifies in the lease or licence as to—

(i) access to and use of the land covered by the lease or licence; and

(ii) the protection of the continued use of the land or any stratum of the land for museum and exhibition purposes; and

S. 42(2)(b) amended by No. 61/1996
s. 63(g)(i).

(b) is subject to any other terms or conditions that the Board determines and specifies in the lease or licence; and

S. 42(3) amended by No. 61/1996
s. 63(g)(ii).

(3) Nothing in this section limits the Board's powers under section 24 or anything in the Land Act 1958.

(4) In this section—

stratum of Crown land has the same meaning as in the Land Act 1958.

S. 43
inserted by No. 100/1995 s. 45.

43 Carlton Gardens land

Despite anything to the contrary in the Order in Council dated 9 June 1973 permanently reserving land as a site for Carlton Gardens and the Crown grant volume 600 folium 119905 dated 13 June 1873 relating to the Carlton Gardens land adjacent to the Exhibition land, the Minister administering the Crown Land (Reserves) Act 1978 and Melbourne City Council may, in addition to the purposes provided for in the Order in Council and the Crown grant, permit the temporary use of any part of the land referred to in the Order in Council and Crown grant for purposes which are, or are connected with, museum or exhibition purposes.

S. 44
inserted by No. 100/1995 s. 45.

44 Regulations under Exhibition Act 1957

(1) Despite the repeal of the Exhibition Act 1957, any regulations made under that Act and in force immediately before the repeal of that Act by Part 7 of the Miscellaneous Acts (Omnibus Amendments) Act 1995 continue in force under the Museums Act 1983 as if made under section 31 of the Museums Act 1983.

(2) Subsection (1) does not apply to any regulations with respect to fees for the parking of vehicles on the Exhibition land.

Pt 3 Div. 10 (Heading and s. 45)
inserted by No. 61/1996 s. 64.

Division 10—Further transitional provisions

S. 45
inserted by No. 61/1996 s. 64, amended by No. 46/1998
s. 7(Sch. 1).

45 Determination of staff to be transferred

The Minister must designate in writing the employees of the public service who are employed in the administration of this Act who are to become employees of the Board under section 49.

S. 46
inserted by No. 61/1996 s. 65.

46 Abolition of Museums Advisory Board

(1) The Museums Advisory Board established by section 4 of the Principal Act is abolished.

(2) Despite any provision to the contrary made by or under the Financial Management Act 1994, there must be prepared, in accordance with Part 7 of that Act, a report of the operations of the Museums Advisory Board during the period beginning on 1 July immediately preceding the commencement of section 65 of the Arts Institutions (Amendment) Act 1996 and ending on that commencement.

(3) The report prepared under subsection (2) must be incorporated in and consolidated with that of the Council of the Museum of Victoria or, if the Museums Board of Victoria is in existence on the commencement referred to in subsection (2), with that of the Museums Board of Victoria for the financial year that includes the last day of the period referred to in subsection (2).

S. 47
inserted by No. 61/1996
s. 66.

47 Council of the Museum of Victoria

(1) The Museums Board of Victoria is to be taken as the same body as the Council of the Museum of Victoria in spite of any changes to the name and structure of the Museums Board of Victoria by this Act and no act, matter or thing is to be affected because of those changes of name and structure.

(2) A reference in any document to the Council of the Museum of Victoria is to be taken to refer to the Museums Board of Victoria.

(3) A member of the Council of the Museum of Victoria holding office immediately before the commencement of section 66 of the Arts Institutions (Amendment) Act 1996 continues to hold office after that commencement as a member of the Museums Board of Victoria on the same terms and conditions as those on which he or she held office as a member of the Council of the Museum of Victoria for the remainder of the term specified in his or her instrument of appointment.

S. 48
inserted by No. 61/1996
s. 67.

48 Director

The person who immediately before the commencement of section 67 of the Arts Institutions (Amendment) Act 1996 was the Director of the Museum of Victoria is deemed to be appointed by the Board as the Chief Executive Officer of the Museums Board of Victoria on terms and conditions determined by the Minister to be no less favourable in aggregate than those applying to the Director immediately before that commencement.

S. 49
inserted by No. 61/1996
s. 67.

49 Transfer of staff

(1) On and from the commencement of section 67 of the Arts Institutions (Amendment) Act 1996, any officer or employee designated under section 45—

(a) becomes an employee of the Board; and

(b) is entitled to remuneration, terms and conditions determined by the Minister to be no less favourable in aggregate than those which he or she received or was entitled to receive immediately before that commencement as such an officer or employee; and

(c) retains any entitlement to long service leave, annual leave, sick leave or other leave accrued or accruing to that person immediately before that commencement.

(2) If a person who becomes an employee of the Board under this Division was, immediately before the transfer, an officer within the meaning of the State Superannuation Act 1988 or a corresponding previous enactment, he or she continues, subject to that Act, to be an officer within the meaning of that Act while serving with the Board.

(3) For the purpose of long service leave entitlements as employees of the Board of those transferred under this Division, their service with the public service must be taken to be service with the Board.

(4) There must be paid out of the Consolidated Fund (which is, by this subsection, appropriated to the necessary extent) any amount determined from time to time by the Treasurer after consultation with the Minister to be the component of any entitlement to pay in lieu of long service leave attributable to the service with the public service of a person transferred under this Division.

Schedule

Sch. 1 amended by Nos 10087 s. 3(1)(Sch. 1 items 175, 176), 7/1992 s. 11(c), substituted by No. 100/1995 s. 46(1).[2]

Schedule 1––Exhibition land

View image in the official source

—————————

Sch. 2 repealed by No. 7/1992 s. 3(f).

Endnotes

1 General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The Museums Act 1983 was assented to on 15 June 1983 and came into operation on 1 July 1983: Government Gazette 22 June 1983 page 1709.

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes 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.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

• Headings

All 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).

• Examples, diagrams or notes

All 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).

• Punctuation

All 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).

• Provision numbers

All 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).

• Location of "legislative items"

A "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.

• Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).

2 Table of Amendments

This publication incorporates amendments made to the Museums Act 1983 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Statute Law Revision Act 1984, No. 10087/1984

Assent Date:	22.5.84
Commencement Date:	22.5.84: subject to s. 3(2)
Current State:	All of Act in operation

State Superannuation Act 1988, No. 50/1988

Assent Date:	24.5.88
Commencement Date:	S. 93(2)(Sch. 2 Pt 2 item 38) on 1.7.88: Government Gazette 1.6.88 p. 1487
Current State:	This information relates only to the provision/s amending the Museums Act 1983

Libraries Act 1988, No. 80/1988

Assent Date:	20.12.88
Commencement Date:	24.5.89: Government Gazette 24.5.89 p. 1222
Current State:	All of Act in operation

Local Government (Consequential Provisions) Act 1989, No. 12/1989

Assent Date:	9.5.89
Commencement Date:	S. 4(1)(Sch. 2 item 84.1) on 1.11.89: Government Gazette 1.11.89 p. 2789
Current State:	This information relates only to the provision/s amending the Museums Act 1983

Transfer of Land (Computer Register) Act 1989, No. 18/1989

Assent Date:	16.5.89
Commencement Date:	3.2.92: Government Gazette 18.12.91 p. 3488
Current State:	All of Act in operation

Libraries (Amendment) Act 1992, No. 7/1992

Assent Date:	5.5.92
Commencement Date:	S. 11 on 1.7.83: s. 2(2); rest of Act on 11.8.92: Special Gazette (No. 43) 11.8.92 p. 1
Current State:	All of Act in operation

Arts Institutions (Amendment) Act 1994, No. 29/1994

Assent Date:	31.5.94
Commencement Date:	31.5.94
Current State:	All of Act in operation

Financial Management (Consequential Amendments) Act 1994, No. 31/1994

Assent Date:	31.5.94
Commencement Date:	S. 3(Sch. 1 item 44) on 7.7.94: Government Gazette 7.7.94 p. 1878—see Interpretation of Legislation Act 1984; s. 4(Sch. 2 item 57) on 1.1.95: Government Gazette 28.7.94 p. 2055
Current State:	This information relates only to the provision/s amending the Museums Act 1983

Equal Opportunity Act 1995, No. 42/1995

Assent Date:	14.6.95
Commencement Date:	S. 224 on 5.10.95: Government Gazette 28.9.95 p. 2731; Sch. 2 items 27.1, 27.2 on 1.1.96: Government Gazette 21.12.95 p. 3571
Current State:	This information relates only to the provision/s amending the Museums Act 1983

Miscellaneous Acts (Omnibus Amendments) Act 1995, No. 100/1995

Assent Date:	5.12.95
Commencement Date:	Pt 17 (ss 40–46) on 1.4.96: Government Gazette 21.3.96 p. 718
Current State:	This information relates only to the provision/s amending the Museums Act 1983

Trustee and Trustee Companies (Amendment) Act 1995, No. 104/1995

Assent Date:	5.12.95
Commencement Date:	1.1.96: s. 2
Current State:	All of Act in operation

Zoological Parks and Gardens Act 1995, No. 106/1995

Assent Date:	5.12.95
Commencement Date:	Ss 1, 2 on 5.12.95: s. 2(1); rest of Act on 30.4.96: Special Gazette (No. 45) 30.4.96 p. 1
Current State:	All of Act in operation

Arts Institutions (Amendment) Act 1996, No. 61/1996

Assent Date:	17.12.96
Commencement Date:	S. 64 on 17.12.96: s. 2(1); ss 35–37(1), 38–47, 49(1), 53–63, 65, 66 on 6.2.97: Government Gazette 6.2.97 p. 257—see Interpretation of Legislation Act 1984; ss 37(2), 48, 49(2)(3), 50–52, 67 on 1.1.98: s. 2(3)
Current State:	This information relates only to the provision/s amending the Museums Act 1983

Melbourne Convention and Exhibition Trust Act 1996, No. 71/1996

Assent Date:	17.12.96
Commencement Date:	S. 36 on 5.2.97: Special Gazette (No. 16) 5.2.97 p. 1
Current State:	This information relates only to the provision/s amending the Museums Act 1983

Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998

Assent Date:	26.5.98
Commencement Date:	S. 7(Sch. 1) on 1.7.98: s. 2(2)
Current State:	This information relates only to the provision/s amending the Museums Act 1983

Statute Law Amendment (Authorised Deposit-taking Institutions) Act 2001, No. 11/2001

Assent Date:	8.5.01
Commencement Date:	S. 3(Sch. item 54) on 1.6.01: s. 2(2)
Current State:	This information relates only to the provision/s amending the Museums Act 1983

Victorian Arts Centre (Amendment) Act 2001, No. 66/2001

Assent Date:	23.10.01
Commencement Date:	S. 8 on 24.10.01: s. 2
Current State:	This information relates only to the provision/s amending the Museums Act 1983

Public Administration Act 2004, No. 108/2004

Assent Date:	21.12.04
Commencement Date:	S. 117(1)(Sch. 3 item 139) on 5.4.05: Government Gazette 31.3.05 p. 602
Current State:	This information relates only to the provision/s amending the Museums Act 1983

Public Sector Acts (Further Workplace Protection and Other Matters) Act 2006, No. 80/2006

Assent Date:	10.10.06
Commencement Date:	S. 26(Sch. item 74) on 11.10.06: s. 2(1)
Current State:	This information relates only to the provision/s amending the Museums Act 1983

Statute Law Revision Act 2007, No. 28/2007

Assent Date:	26.6.07
Commencement Date:	S. 3(Sch. item 43) on 27.6.07: s. 2(1)
Current State:	This information relates only to the provision/s amending the Museums Act 1983

Subordinate Legislation Amendment Act 2010, No. 78/2010

Assent Date:	19.10.10
Commencement Date:	S. 24(Sch. 1 item 21) on 1.1.11: s. 2(1)
Current State:	This information relates only to the provision/s amending the Museums Act 1983

Filming Approval Act 2014, No. 51/2014

Assent Date:	12.8.14
Commencement Date:	S. 9(Sch. 2 item 11) on 1.3.15: s. 2(2)
Current State:	This information relates only to the provision/s amending the Museums Act 1983

Melbourne Convention and Exhibition Trust Amendment Act 2024, No. 38/2024

Assent Date:	22.10.24
Commencement Date:	S. 17 on 5.2.25: Special Gazette (No. 29) 4.2.25 p. 1
Current State:	This information relates only to the provision/s amending the Museums Act 1983

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

3 Explanatory details

S. 34(3)–(6):

S. 34(3) repealed by No. 7/1992 s. 3(d).

S. 34(4) amended by No. 80/1988 s. 55(5)(b), repealed by No. 7/1992 s. 3(d).

S. 34(5) substituted by No. 18/1989 s. 13(Sch. 2 item 59), repealed by No. 7/1992 s. 3(d).

S. 34(6) repealed by No. 7/1992 s. 3(d). ↑

Sch. 1: The amendment proposed by section 54 of the Zoological Parks and Gardens Act 1995, No. 106/1995 is not included in this publication as the clause to be repealed no longer exists. ↑

1 Museums Act 1983

Version No. 043

Museums Act 1983

No. 9903 of 1983

Version incorporating amendments as at
5 February 2025

table of provisions

Section Page

Part I—Preliminary 1

1 Short title and commencement 1

2 Definitions 2

3 Filming Approval Act 2014 2

Part III—Museums Board of Victoria 3

Division 1—Interpretations 3

9 Definitions 3

Division 2—Constitution of the Museums Board of Victoria 4

10 Museums Board of Victoria 4

11 Members of Board 4

11A Membership of Board not office of profit 8

12 Procedure at Board meetings 8

12A Resolutions without meetings 9

13 Conflicts of interest 10

14 Protection of members 11

15 Committees 12

16 Delegation 12

Division 3—Officers and employees 13

17 Chief Executive Officer 13

20 Other staff 14

21 Consultants 14

Division 4—Functions and powers of the Board 15

22 Board represents the Crown 15

22A Board subject to control of Minister 15

23 Functions 15

24 Powers of the Board 17

25 Disposal of unclaimed property 19

26 State collections 20

27 Reciprocal arrangements about the Exhibition land 21

Division 5—Financial 21

28 Account 21

29 Borrowing and investment powers 22

30 Audits 22

Division 6—Regulations and by-laws 23

31 Regulations 23

31A Board may make by-laws 24

Division 7—Transitory provisions 25

32 Definitions 25

33 Existing bodies 25

34 Property held on trust 25

35 Transitional provisions 26

36 Dispositions of property 28

Division 8—Transition from Exhibition Trustees 30

37 Dissolution of Exhibition Trustees 30

38 Council to be successor in law of Trustees 30

39 Transfer of assets and liabilities 30

Division 9—Exhibition land 31

The Act organises a small set of legal concepts that govern museum governance, property control and public accountability. Principal concepts, and the statutory provisions that instantiate them, are:

Statutory corporate entity and Crown representation: the Board is a body corporate with perpetual succession (s 10(1)-(4)) and, while performing functions under the Act, represents the Crown (s 22). That combination gives the Board capacity to contract and hold property while subjecting it to public law obligations.
Ministerial direction and control: the Board is expressly subject to the direction and control of the Minister when performing its functions (s 22A). This creates a hierarchical accountability channel to the portfolio Minister and places many operational decisions within a framework of ministerial oversight.
Governance architecture: membership size (7-11 members) and appointment by Governor in Council, including the President (s 11(1)-(4), (11)); application of the Public Administration Act 2004 to Board members (s 11(11)); meeting frequency and quorum (s 12); conflict and recusal rules (s 13); committees and delegation (ss 15-16). These provisions combine corporate governance norms with public administration rules.
Executive management and appointment insulation: the Chief Executive Officer is appointed by the Board with Ministerial approval for a term up to five years and cannot be removed by the Board without Ministerial approval (s 17(2)-(4)). That structure distributes appointment power and creates checks on Board control over the chief executive.
State collections centralisation: the Museum of Victoria is the official lodgement site for specified State collections (s 26(1)). Departments must submit relevant material before disposing of it and the Board must determine appropriateness (s 26(2)-(4)). This centralises curatorial custody and decision-making over significant public cultural assets.
Restrictions on disposal: objects forming part of State collections cannot be sold, leased or disposed of by the Board other than where the Governor in Council grants approval and the Board resolves retention is unnecessary, or where an object is a duplicate being exchanged with a similar body (s 24(3)). Governor in Council approval is therefore a legal gate for deaccessioning.
Financial controls and independence: the Board maintains its own account in an authorised deposit-taking institution approved by the relevant Minister under the Financial Management Act framework (s 28(1)); it may charge fees (s 24(2)(j)); it has borrowing and investment powers under a separate Act (s 29). These allocate revenue retention and financial operation to the Board within an approved banking framework.
Exhibition land and property regime: the Act revokes the permanent reservation of the Exhibition land and vests it in the Crown while deeming it permanently reserved for exhibition and museum purposes and placing general control, administration and management with the Board (s 40). The Act permits uses, including underground car parks and other compatible uses with Ministerial approval (s 41), and allows leases or licences of Crown land or strata up to 50 years subject to Ministerial approval for certain leases (s 42).
Regulatory and by-law powers with film permit constraints: Governor in Council can make regulations (s 31), the Board can make by-laws (s 31A), both may prescribe penalties up to 2 penalty units (s 31(2); s 31A(2)), and any regulation or by-law about film permits must not be inconsistent with the film friendly principles as defined in the Filming Approval Act 2014 (s 31(2A); s 31A(3)).
Transitional and staff protections: Divisions 7, 8 and 10 and sections 45 and 49 detail how prior trustee bodies were dissolved, assets and liabilities transferred, and public service employees were designated and transferred to the Board with protections for existing terms and entitlements (ss 35-39; ss 45, 49).

These concepts together create a framework where the Board operates with corporate powers to run a major cultural institution and manage land, while being subject to ministerial control, statutory constraints on collection disposals, and specific procedural and financial rules. The interplay between operational autonomy, centralised custodianship of State collections and ministerial oversight is fundamental to the Act’s architecture.

The legislation directly affects a defined set of actors and imposes duties or confers powers on them. The main affected parties and the nature of the effect are:

Board members: appointment, tenure and duties are specified at s 11. Members are appointed by the Governor in Council and must meet composition requirements (s 11(1)), are subject to the Public Administration Act 2004 in relation to their office (s 11(11)), must attend at least the minimum number of meetings (s 12(1)), declare conflicts (s 13) and are entitled to remuneration and allowances fixed by the Governor in Council (s 11(12)). They receive an indemnity from the Consolidated Fund in specified circumstances (s 14) and may be removed by the Governor in Council (s 11(8)).
President of the Board: the Governor in Council, after consultation between the Minister and the Board, must appoint a member as President (s 11(2)). The President presides at meetings or where absent, a member elected by members does so (s 12(2)). The President also receives declarations of interest where notices under s 12A are used (s 13(1)), and has specific delegated notification duties for extended leave (s 11(10)).
Chief Executive Officer and staff: the CEO is appointed by the Board with Ministerial approval for terms up to five years (s 17(2)-(3)) and manages day-to-day affairs subject to Board directions (s 17(1)(b)). The Board may employ other staff (s 20) and engage consultants (s 21). The transfer provisions (ss 45, 49) affect public servants designated to move to the Board, protecting their remuneration and accrued leave and requiring Ministerial determination that terms are no less favourable (s 49(1)(b)-(c)).
The Minister and the Governor in Council: the Minister exerts direction and control over the Board (s 22A), is involved in appointing the President and consulted about appointments (s 11(2)), must approve certain Board actions such as lease approvals for Exhibition land (s 42(1)(a)), and the Governor in Council must approve particularly sensitive acts such as sale or disposal of State collection objects (s 24(3)(a)) and retentions or disposals of unclaimed property (s 25(1)).
Departments and public sector owners of material: departments holding material in the three collection fields must submit material to the Board before disposing of it (s 26(2)). That changes administrative behaviour: disposal requires prior referral and the Board must determine appropriateness for inclusion (s 26(3)).
Visitors, event organisers and commercial occupants: the Board may charge fees for admissions and services (s 24(2)(j)), may grant authorities to occupy Exhibition land for facilities and other specified purposes (s 24(2)(ja)), and can grant leases or licences for part of Exhibition land up to 50 years, with specified approvals (s 42(2)(c)). The Board may also enter reciprocal arrangements with the Victorian Convention and Event Trust in relation to the Royal Exhibition Building (s 27), which affects event operators and commercial users.
The film and production industry: following insertion of film-related definitions and a filming approval connection (s 3), any regulations or by-laws governing film permits must be consistent with film friendly principles (s 31(2A); s 31A(3)), which alters how filming activities on Board-controlled land and in Board-controlled buildings are regulated.
Donors, heirs and third parties with property submitted to the Board: the Act prescribes a process for dealing with unclaimed property submitted for gift, valuation or consideration. The Board may retain, exchange, sell, lease or dispose of property after at least six months’ public or registered-post notice and with Governor in Council approval (s 25(1)-(2)). Dispositions to former trustee bodies are treated as dispositions to the Council under transitional provisions (s 36).
Local government and the Minister in relation to Carlton Gardens: s 43 allows temporary use of Carlton Gardens for museum or exhibition connected purposes with Minister and Melbourne City Council permission, affecting Council decision-making and local amenity.

Who pays and who benefits: Members receive remuneration fixed by Governor in Council (s 11(12)); the Consolidated Fund indemnity covers members in specified indemnity circumstances (s 14); the Board holds its own account into which fees and receipts are paid (s 28(1)) and may apply those funds to Board functions (s 28(2)). Departments bear transaction costs in submitting material (s 26(2)). Private parties seeking long-term leases or licences for Exhibition land will deal with the Board and in some cases seek Ministerial approval (s 42). The Act therefore creates concentrated decision-making power with the Governor in Council and portfolio Minister for appointments, certain approvals and disposals, while imposing operational and administrative obligations on the Board, public servants and potential commercial users.

The Act distributes discrete legal duties and rights among institutional actors. Below are the principal duties to be observed and rights conferred, with statutory citations.

Board duties and powers

Control, management and operation duties: the Board must control, manage, operate, promote, develop and maintain the Museum of Victoria and the Exhibition land (s 23(a); s 23(aa)(i)-(iii)). Those duties are broad and include both curatorial and property-management tasks.
State collection custodianship: the duty to accept and maintain the State collections and to determine whether material submitted by departments should be included (s 26(1), (3)-(4)). Departments have a corollary duty to submit material to the Board before disposing of it (s 26(2)).
Fee-setting and commercial powers: the Board has the power to charge and receive fees in respect of services and admission (s 24(2)(j)). It may enter contracts and accept gifts and act as trustee (s 24(2)(a)-(c)).
Land management powers: the Board has authority to manage the Exhibition land, to grant authorities to occupy parts of it for facilities and non-interfering uses (s 24(2)(ja)), and to grant leases and licences under the specific Exhibition land provisions (s 42).
Procedural duties: meet at least six times per year (s 12(1)); maintain minutes and record declarations of interest when required (s 13(2)); give notice prior to disposal of unclaimed property (s 25(2)).

Board rights and limits

Right to delegate functions: the Board may delegate many powers (but not the delegation power itself or the power to make by-laws) to committees, the CEO, members or staff (s 16(1)). Delegation must be by instrument under the common seal (s 16).
Limit on disposal of State collection items: the Board may not sell, lease or dispose of State collection objects unless Governor in Council approval is granted and the Board resolves retention is unnecessary and inappropriate, or the item is a duplicate exchanged with a similar body (s 24(3)). That creates a legal constraint on deaccessioning.
Power to make by-laws: within regulation limits the Board may make by-laws that regulate admission, preservation and building management (s 31A(1)(a)-(d)), but by-laws must not be inconsistent with regulations and may impose penalties up to 2 penalty units (s 31A(2)).

Ministerial and Governor in Council duties and rights

Direction and control: the Minister has authority to direct and control the Board in the performance of its functions (s 22A). The Minister also must be consulted in appointments of the President and approves the CEO appointment (s 11(2); s 17(2)).
Approval powers: Governor in Council approval is required for sale or lease of State collection items (s 24(3)(a)) and for certain disposals of property under s 25. The Minister administering the Crown Land (Reserves) Act must approve specified uses and leases for Exhibition land (s 41; s 42(1)(a)).

Members’ duties and rights

Conflict declaration and recusal: members with direct or indirect pecuniary interests must declare them (s 13(1)), have that declaration recorded (s 13(2)), must not be present during deliberations or vote unless the Board directs otherwise (s 13(3)), and votes in contravention must be disallowed (s 13(4)).
Remuneration and allowances: members are entitled to remuneration and travelling or other allowances fixed by Governor in Council (s 11(12)).
Indemnity: members or former members who are personally liable for compensation by reason of an act done while a member may be indemnified from the Consolidated Fund where specific honesty and reasonableness conditions are satisfied (s 14(1)-(3)).

Department/third-party duties

Submission before disposal: departments must submit material forming part of relevant collections before disposing of it (s 26(2)). Third parties who submit property to the Board must respond to notice requirements if they wish to claim property after five years in the Board’s custody or after the Board gives notice (s 25(1)-(2)).

Administrative and financial duties

Banking and use of funds: the Board must establish and maintain an account in an authorised deposit-taking institution approved by the Minister administering Part 7 of the Financial Management Act and apply money in that account only to Board functions (s 28(1)-(2)).
Auditing: the Board may engage a registered company auditor to undertake intermediate inspections and audits as the Board thinks necessary (s 30(9)).

Legal procedural duties

Meeting and decision-making procedures: a quorum is a majority of members (s 12(3)), meetings must be conducted in accordance with Board-determined procedures subject to the Act (s 12(7)), and resolutions can be passed without meetings if reasonable notice is given and a majority sign (s 12A).

These duties and rights create an operational regime where the Board exercises managerial, curatorial and commercial powers but within constraints: ministerial direction, Governor in Council approval for certain disposals, conflict of interest and public administration obligations, financial-account rules and specified procedural protections. These statutory allocations define who may decide, who must consult or seek approvals, who receives indemnities and who bears particular administrative burdens.

The Act provides a limited statutory enforcement and penalty architecture. It relies largely on administrative controls, ministerial oversight and negotiation of approvals rather than an extensive criminal enforcement regime. The principal enforcement features in the Act are:

By-law and regulation penalties: regulations made under the Act may provide penalties not exceeding 2 penalty units for contravention of regulations (s 31(2)). Similarly, the Board’s by-laws may impose penalties not exceeding 2 penalty units (s 31A(2)). The Act therefore contemplates low-level monetary penalties for breaches of by-laws or regulations but does not create higher criminal sanctions within the text.
Internal governance remedies: conflicts of interest rules carry administrative enforcement in that votes cast in contravention of s 13(3)(b) are to be disallowed (s 13(4)). The Board must record declarations in minutes (s 13(2)), and the Board governs its own proceedings (s 12(7)), which places reliance on internal enforcement through meeting procedure, minutes and governance standards.
Ministerial and Governor in Council oversight and removal powers: the Governor in Council may remove a member at any time (s 11(8)), and the Board is subject to ministerial direction and control (s 22A). These political and administrative controls act as enforcement levers: removal, appointment and direction can be used to enforce compliance with policy or remedial expectations.
Financial and fiduciary checks: the Board holds funds in an account approved under the Financial Management Act architecture (s 28), and may engage a registered company auditor for intermediate inspections and audits (s 30(9)). Auditing and financial management frameworks provide oversight and an accountability trail to detect and react to irregular conduct.
Indemnity conditions as an enforcement/incentive device: the Treasurer must indemnify a member who becomes personally liable for payments resulting from acts or omissions undertaken in what the member honestly and reasonably believed the Board was required or authorised to pursue, and that indemnity is subject to the honesty and reasonableness standard (s 14(1)-(3)). The indemnity is conditional and may not apply where the member’s conduct falls outside those conditions; thus indemnity policy provides a calibrated liability shield linked to compliance with authorised Board functions.
Administrative approval gates: specific statutory approvals operate as hard legal constraints. For example, the Board cannot dispose of State collection objects without Governor in Council approval plus a Board resolution that retention is unnecessary and inappropriate (s 24(3)). Similarly, leases of Exhibition land of the kind requiring Ministerial approval cannot be made without that approval (s 42(1)(a)). These approval gates are legal enforcement points: failure to obtain them would render such actions unauthorised and potentially void.

Notably absent from the Act are substantial civil penalty regimes, extensive criminal sanctions, or express powers to impose licensing forfeiture beyond the small-penalty framework for by-law and regulation contraventions. Enforcement therefore rests on a blend of low-level statutory penalty items (up to 2 penalty units), public administration controls, ministerial and Governor-in-Council approvals and auditing/accountability mechanisms. Entities contemplating actions that engage the disposal of collection items, long-term leases of Exhibition land, or other ministerially sensitive activities must plan to secure the required approvals to avoid legal invalidity. For breaches of governance duties such as conflicts of interest, the statutory remedy is administrative disallowance of votes and recording in minutes, not higher statutory fines.

Practically, this means compliance risk is primarily operational and reputational, with the strongest legal constraints located at specific approval points (s 24(3); s 42(1)) rather than distributed through a broad penalty regime.

The Act is designed to operate within an existing statutory lattice. The text both incorporates other statutes by reference and creates exceptions to application of those statutes. Key statutory interactions set out in the Act are:

Crown Land (Reserves) Act 1978 and Land Act 1958: the Exhibition land is deemed permanently reserved under s 4(1) of the Crown Land (Reserves) Act 1978 for exhibition and museum purposes (s 40(4)), yet s 40(6) provides that nothing in the Crown Land (Reserves) Act relating to management or control applies to the Board in exercising its powers over the Exhibition land. The Act thus creates a carve-out where control is vested in the Board, but certain uses (for example underground car parks or other compatible uses) still require the approval of the Minister administering the Crown Land (Reserves) Act (s 41). The Board may grant leases or licences but some leases require Ministerial approval (s 42(1)(a)). The Act thereby disapplies ordinary Crown land controls for Exhibition land management while retaining interaction points through Ministerial approval.
Filming Approval Act 2014: the Act was declared "filming approval legislation" within the meaning of the Filming Approval Act 2014 (s 3). The Act’s regulations and by-laws dealing with film permits must not be inconsistent with film friendly principles as defined in the Filming Approval Act 2014 (s 31(2A); s 31A(3)). This imports an external policy constraint into the Board’s regulatory discretion relevant to filming activities.
Public Administration Act 2004: the Act makes Board members subject to the Public Administration Act 2004 in respect of their office (s 11(11)). In other words, public sector standards, accountabilities and some processes under the Public Administration Act apply to Board members.
Financial Management Act 1994 and authorised deposit-taking institution rules: the Board’s account must be maintained in an authorised deposit-taking institution approved by the Minister who administers Part 7 of the Financial Management Act (s 28(1)). This ties the Board’s banking arrangements into the broader Financial Management Act framework, subjecting the Board to that Ministerial approval process for banking arrangements.
Borrowing and Investment Powers Act 1987: the Board has the borrowing and investment powers conferred by the Borrowing and Investment Powers Act 1987 (s 29). The Act therefore does not itself specify those powers but delegates to the separate statute that regime.
State Superannuation Act 1988 and related employment law: for transferred public service employees designated under s 45 and moved to the Board under s 49, continuing entitlements under the State Superannuation Act 1988 and related instruments are preserved for employees who were officers under that Act (s 49(2)). Section 49 protects accrued leave entitlements and requires the Minister to determine that remuneration and terms are no less favourable on transfer (s 49(1)(b)-(c)).
Exhibition Act 1957 and other repealed Acts via transitional provisions: the Act contains extensive transitional provisions treating prior trustee bodies and their instruments as now applying to the Council/Board (ss 33-39). It also continues any regulations made under the Exhibition Act 1957 in force immediately before repeal as regulations under the Museums Act, except for vehicle parking fees (s 44). The Act therefore operationalises a continuity of statutory instruments and legal rights transferred from predecessor regimes.
Melbourne Convention and Exhibition Trust legislation and reciprocal arrangements: the Act allows the Board to enter arrangements with the Victorian Convention and Event Trust regarding the Royal Exhibition Building (s 27). Subsequent amendments, for instance by the Melbourne Convention and Exhibition Trust Amendment Act 2024, are recorded in the amendments table and affect reciprocal or delegated responsibilities.

Interplay and potential tension points

Where the Act creates specific carve-outs from Crown land rules (s 40(6)) yet requires Ministerial approval for certain uses (s 41), there is an operational tension: the Board has broad management powers but must seek Ministerial or Governor in Council approvals for some transactions, producing a hybrid regime.
Film friendly principles imported from the Filming Approval Act 2014 limit the Board’s regulatory autonomy in the film-permit sphere (s 31(2A); s 31A(3)).
Financial management is connected to the Financial Management Act framework via Ministerial approval for the authorised deposit-taking institution and via the Borrowing and Investment Powers Act for borrowing powers (ss 28, 29). This aligns Board financial operations with state financial governance but constrains unilateral Board banking choices.

Overall, the Act is not standalone. It embeds the Board within a network of statutes governing Crown land, public administration, financial management, filming permissions and employment entitlements. Practitioners must read the Museums Act together with those statutes to understand approvals, exemptions and preserved entitlements.

The Act includes a detailed amendment record in its endnotes. The key waves of amendment and legislative touchpoints recorded in the source are summarised below with section references where the amending measure explicitly altered text in the Act.

Major amendments and their legislative instruments

Statute Law Revision Act 1984 (No. 10087/1984): early statutory housekeeping amendments are recorded in the amendment table. The endnotes reference this Act; specific internal changes are included in the consolidated text.
State Superannuation Act 1988 (No. 50/1988): made amendments to the Act that were in force from 1 July 1988 relevant to retirement and superannuation references; the consolidated edition notes repeals and substitutions.
Libraries Act and Libraries (Amendment) Act 1988 and 1992 (Nos 80/1988 and 7/1992): affected definitions and other Parts, with amendments reflected in the consolidated sections (for example repeal of certain definitions in s 9 and s 2).
Arts Institutions (Amendment) Acts 1994 and 1996 (Nos 29/1994 and 61/1996): substantial amendments restructured Part III, inserted the Museums Board of Victoria definition, revised membership, revised CEO provisions, and made transitional arrangements. The Act’s current governance architecture including s 11 membership and s 17 CEO provisions reflect the 1996 amendments (see s 11 amendments and s 17 substitution references).
Financial Management (Consequential Amendments) Act 1994 (No. 31/1994): changed auditing and financial links that were later further revised; referenced in the consolidation.
Miscellaneous Acts (Omnibus Amendments) Act 1995 (No. 100/1995): inserted Division 8 and Division 9 (ss 37-46, 40-44) relating to Exhibition Trustees dissolution, Exhibition land reservation changes and transfer provisions. Section 40’s revocation of permanent reservation and vesting of Exhibition land in the Crown originates from that amending Act.
Trustee and Trustee Companies (Amendment) Act 1995 and other 1995-1996 measures: adjusted trust and trustee provisions, transitional arrangements and continuities for pre-existing regulations (s 44).
Melbourne Convention and Exhibition Trust Act 1996 and Melbourne Convention and Exhibition Trust Amendment Act 2024 (No. 71/1996; No. 38/2024): connected the Board’s functions concerning the Royal Exhibition Building to the Victorian Convention and Event Trust, and the 2024 amendment (commenced 5 February 2025) updated s 27 to permit reciprocal arrangements concerning carrying out functions with respect to the Royal Exhibition Building.
Public Sector Reform (Miscellaneous Amendments) Act 1998 (No. 46/1998): amended transfer and public sector-related provisions (see ss 45-49 transitional and transfer provisions).
Statute Law Revision Acts and Subordinate Legislation Amendment Acts: periodic technical amendments, style changes and legislative housekeeping, including the Statute Law Revision Act 2007 and Subordinate Legislation Amendment Act 2010 (No. 78/2010) which affected disallowance and procedural matters (s 31(3) references).
Filming Approval Act 2014 (No. 51/2014): introduced the concept of film friendly principles, added the film permit definition references and required that regulations and by-laws concerning film permits not be inconsistent with film friendly principles (s 3; s 31(2A); s 31A(3)). These amendments commenced 1 March 2015 for the relevant provisions.

Amendment mechanics and consequential effects recorded in the Act

The endnotes provide a table of amendments that identifies the sections amended and the commencement dates for those amendments. Several provisions in the current consolidated text are explicitly noted as "inserted by" or "substituted by" a named Act and section number. For example, s 22A was inserted by No. 61/1996 s 55; s 26 was amended by No. 61/1996 s 59(1); s 24(2)(ja) was inserted by No. 100/1995 s 43(b).
Transitional provisions: many amendments included transitional provisions preserving prior rights, transferring assets and liabilities of dissolved trustee bodies to the Council/Board, and continuing in force regulations made under repealed Acts (see ss 33-36 and s 44).
Recent changes: the Melbourne Convention and Exhibition Trust Amendment Act 2024 (No. 38/2024) is recorded as coming into effect on 5 February 2025 for s 17 amendments to the Museums Act, indicating the Act remains actively maintained to reflect coordination with the convention and exhibition trust framework.

For practitioners, the amendment history in the Act and endnotes is critical. It shows which parts of the governance architecture are contemporaneous with the Board’s current institutional design (notably the 1996 Arts Institutions amendments and the 1995 transfer of Exhibition land) and where external policy (for example the film-friendly regime from 2014 or the convention trust changes in 2024) has constrained or modified Board discretion. Any review of a particular power or duty should consult the amending instrument references printed at the head of each amended subsection in the consolidated text to identify commencement dates and transitional rules.

The Act’s text and the endnotes provided do not list any cases or judicial decisions interpreting its provisions. The consolidated publication does not include a litigation history, and no case names appear in the source material you supplied. Therefore, from the statutory text alone there are no judicial authorities recorded that interpret key provisions such as s 24(3) (deaccessioning of State collection objects), s 22A (ministerial control), s 40 (Exhibition land reservation and vesting in the Crown) or the s 13 conflict of interest provisions.

Implications for legal research and advice

Absence of cases in the consolidated Act does not mean there are no reported decisions. It means the source document contains no litigation citations. Practitioners should perform a targeted case-law search in Victorian and federal law reports and online legal databases for judicial treatment of the Museums Act 1983, including disputes over deaccessioning, ministerial direction to statutory authorities, the scope of the Board’s delegation powers, conflicts of interest, or the validity of leases and licences granted under s 42. Relevant keywords for searches would include "Museums Act 1983", "Museums Board of Victoria", "Royal Exhibition Building", "Exhibition Trustees", and specific section numbers.
Administrative and merits review avenues: given the Act’s administrative architecture, disputes may arise in administrative law fora rather than in criminal or contract litigation. Judicial review under the Administrative Law Act or federal writs might be a likely pathway for parties challenging Board decisions involving procedural fairness or jurisdictional error. The Act’s provisions about Ministerial direction (s 22A) and Governor in Council approvals (ss 24(3); 25) create administrative decision points where review may be sought.
Contractual and property disputes: grants of leases and licences under s 42, and transfers from predecessor trustee bodies (ss 37-39), could give rise to contractual disputes or property litigation if parties allege invalidity of delegations, lack of required approvals or defects in title transfer.
Employment and transfer disputes: s 49 protects transferred employees’ entitlements and requires Ministerial determinations about remuneration. Employment-law disputes arising from transfers could appear in industrial tribunals or courts, potentially involving interpretation of s 49's "no less favourable" obligation.

Practical recommendation

Because the consolidated Act does not include litigation references, practitioners advising on contentious matters that engage statutory approvals, deaccessioning, film permit rules or land-use arrangements should undertake a contemporaneous case-law search and review administrative decisions and Tribunal records. That search should include any authority that interprets the statutory limits on disposal of State collection items, the scope of ministerial control, and the legal effect of delegation and by-laws under ss 16 and 31A.

In sum, the source provides no litigation history; the statutory architecture suggests multiple points at which litigation or administrative review could arise, so external legal research is necessary to establish precedent and interpretive lines.

The Act contains several provisions that can create practical traps or operational friction if not observed carefully. These are concrete legal mechanics that often surprise commercial actors or public officials who assume broader autonomy than the statute allows.

Disposal of State collection objects requires two gates

The Board cannot sell, lease or dispose of any object that is part of a State collection unless (a) the Governor in Council has granted approval and (b) the Board has resolved that retention is unnecessary and inappropriate to the Board’s activities, or the object is a duplicate being exchanged (s 24(3)(a)-(c)). Practitioners often overlook the Governor in Council approval requirement. Absent that approval, any deaccessioning attempt risks being ultra vires and void.

Vesting of Exhibition land in the Crown with Board control but statutory carve-outs

Section 40 revokes the previous permanent reservation, vests Exhibition land in the Crown and deems it permanently reserved under the Crown Land (Reserves) Act 1978 for exhibition/museum purposes, while simultaneously stating that the Crown Land Act’s management rules do not apply to the Board exercising its powers over that land (s 40(2)-(6)). The practical effect is a hybrid regime: the Board largely controls the land, but specified uses and leases require Ministerial approval (ss 41-42). That split can cause confusion about which approvals are needed for development or occupancy. Do not assume full freehold-style flexibility.

Ministerial approval for certain leases and uses

Leases to be granted by the Board for parts of Exhibition land require the approval of the Minister administering the Crown Land (Reserves) Act in some cases (s 42(1)(a)), and s 41 requires Ministerial approval for development of underground car parks or other uses not substantially interfering with museum purposes. Commercial entrants seeking long-term rights should budget for approval lead times and the political dimension of Ministerial sign-off.

Film-permit constraints: film friendly principles

Any regulations or by-laws made under the Act that deal with film permits must not be inconsistent with film friendly principles (s 31(2A); s 31A(3)). This imports an external policy test into the Board’s regulatory discretion. A Board by-law that appears to regulate filming tightly may be invalid if it conflicts with those principles.

Conflicts of interest rules are strict and vote-disallowance is automatic

Members with a direct or indirect pecuniary interest must declare and be absent during deliberations unless the Board directs otherwise (s 13(1)-(3)). Votes cast in contravention are to be disallowed (s 13(4)). Failing to record declarations in minutes or to remove members from deliberations gives rise to procedural infirmity.

CEO removal requires Ministerial approval

The Board cannot remove the Chief Executive Officer except with the Minister’s approval (s 17(4)). This can create a governance misalignment: the Board appoints the CEO but cannot unilaterally remove the CEO. Boards need to manage appointment, performance and dispute-management processes with the Minister’s role factored in.

Notice and procedural traps for unclaimed property

The Board may deal with property left for gift or valuation after five years if it has given at least six months’ notice by registered post to the last-known address or by Gazette and newspaper where the owner is unknown (s 25(1)-(2)). Failure to give the statutorily prescribed form and period of notice will nullify attempts to retain or dispose of such property.

Public Administration Act applies to members

Members are subject to the Public Administration Act 2004 (other than Part 3) in relation to their office (s 11(11)). This brings with it obligations and processes that may not mirror private board expectations, particularly in recruitment, conflicts, record-keeping and conduct matters.

Delegation exclusions

While the Board can delegate many functions, it may not delegate the power of delegation itself nor the power to make by-laws (s 16(1) and second paragraph, and s 16(1) disallowing delegation of the power to make by-laws). Misunderstanding the non-delegable powers can create invalid delegations.

Financial account and banking approvals are constrained

The Board’s account must be in an authorised deposit-taking institution approved by the Minister administering Part 7 of the Financial Management Act 1994 (s 28(1)). The Board cannot freely choose any institution without that approval, and monies are to be applied only for Board functions (s 28(2)). Financial arrangements therefore have an approval and public sector governance overlay that restrict commercial flexibility.

Low statutory penalties, but administrative remedies and political risk prevail

The maximum penalty for breach of regulations or by-laws is 2 penalty units (ss 31(2); 31A(2)). Enforcement therefore leans on administrative controls like removal, direction and audit rather than significant fines. Operational non-compliance risks reputational and political consequences rather than large statutory fines.

Transitional and trust provisions preserve legacy obligations

Transitional sections (ss 33-36) treat dispositions to older trustee bodies as dispositions to the Council and preserve trusts attached to property. Practitioners need to trace donor intentions and the trusts’ terms because a donor’s original limitations continue to affect how property may be used or applied after vesting in the Crown/Board.

These are statutory mechanics. The consequences for failing to observe them are legal invalidity of transactions, requirement to seek retroactive approvals, reputational and political consequences, and potential administrative remedies. Advisers should map approvals and notice steps early in transactions, ensure minute and conflict‑of‑interest compliance, and budget time for Ministerial and Governor in Council processes.

Compliance under the Museums Act 1983 is a mix of governance, record-keeping, approval-seeking and statutory procedure. The following practical checklist translates the Act’s provisions into actionable steps for boards, senior management, legal counsel and third parties.

Governance and meetings

Ensure Board composition and appointments follow s 11: maintain records of Governor in Council appointment instruments, verify that not fewer than half of members meet the chosen categories in s 11(1)(a)-(c), and monitor the nine-year consecutive service cap in s 11(6). Document any reappointments and instrument-specified terms.
Schedule and document at least six Board meetings per year as required by s 12(1). Keep accurate minutes; the Act requires that declarations of interest be recorded (s 13(2)) and minutes will evidence compliance with conflict rules.
Adopt and implement Board procedures referenced in s 12(7). Operate a clear process for passing resolutions without meetings under s 12A, ensuring reasonable notice and avoiding inclusion of members who are disqualified from voting by s 13.

Conflicts of interest and minute-keeping

Maintain a conflict-of-interest register and process: immediately upon becoming aware of a direct or indirect pecuniary interest, a member must declare it (s 13(1)). Tabulate declarations at the next meeting and record them in minutes (s 13(2)). Ensure absent-membership from deliberations unless a formal Board direction permits presence (s 13(3)(a)). Where votes are taken, check recusal to avoid disallowed votes (s 13(4)).

Chief Executive Officer and staff

Comply with s 17 when appointing or removing a CEO: the Board should obtain Ministerial approval for appointment and cannot remove the CEO without Minister approval (s 17(2)-(4)). Maintain documentation of the Minister’s approval and the instrument of appointment.
For public service employees to be transferred to the Board under s 45 and s 49, the Minister must designate employees and the Minister must determine that terms and conditions on transfer are no less favourable in aggregate (s 45; s 49(1)(b)). Retain records of the Minister’s determinations and any payments from the Consolidated Fund related to long service leave components (s 49(4)).

Collection management and disposals

Treat the Museum of Victoria as the official lodgement point for the State collections (s 26(1)). Departments must submit material before disposing of it (s 26(2)). Develop a documented submission and assessment process to determine appropriateness for inclusion (s 26(3)), record Board determinations and ensure legal title transfer processes are in place for accepted items.
Deaccessioning must observe s 24(3): prepare a Board resolution stating retention is unnecessary and inappropriate, and obtain Governor in Council approval before selling, leasing or disposing of State collection objects. Document both the Board resolution and the Governor in Council approval to preserve legal validity.

Unclaimed property procedures

Before retaining, exchanging, selling, leasing or disposing of property left with the Board that has been in custody for five years, give at least six months’ notice by registered post to the last-known address or, where identity is unknown, publish notices in the Government Gazette and a statewide daily newspaper (s 25(1)-(2)). Keep postal receipts, Gazette publication records and newspaper cuttings to evidence statutory notice.

Financial and audit compliance

Maintain the Board account in an authorised deposit‑taking institution approved by the Minister administering Part 7 of the Financial Management Act (s 28(1)). Ensure funds are applied only to Board functions (s 28(2)). Maintain up-to-date bank approval documentation and reconcile accounts to statutory purposes.
Engage a registered company auditor for intermediate inspections and audits as needed (s 30(9)). Schedule audits, implement audit recommendations promptly, and maintain an audit trail for financial and procurement decisions.

Delegations and by-laws

Execute delegations by instrument under the Board’s common seal as required by s 16. Do not delegate the power to make by-laws or the delegation power itself. Maintain a written delegation register listing the delegated functions, delegate, conditions and review dates.
If making by-laws under s 31A, ensure they are not inconsistent with regulations and that any by-laws regarding film permits comply with film friendly principles (s 31A(3)). Publish by-laws and enforce them consistently; record any penalties imposed, remembering statutory maximums of 2 penalty units (s 31A(2)).

Exhibition land and development approvals

For any use or development of Exhibition land that is not plainly within museum or exhibition purposes (for example underground car parks), obtain the approval of the Minister administering the Crown Land (Reserves) Act as required by s 41. For leases, confirm whether a Minister’s approval is needed (s 42(1)(a)) and document the Minister’s approval and the Board’s conditions on access and protection of museum uses (s 42(2)(a)(i)-(ii)).
Where third parties seek long-term leases or licences, include contractual conditions that protect museum purposes and allow the Board to enforce non-interference with core uses. Ensure lease terms do not exceed 50 years where applicable (s 42(2)(c)).

Regulatory compliance and filming

When drafting regulations or by-laws concerning film permits, consult the film friendly principles and ensure no inconsistency with those principles (s 31(2A); s 31A(3)). Coordinate with the portfolio Minister and legal counsel to reconcile local site security and collection protection needs with film industry access requirements.

Transitional trusts and donor conditions

For any property that was subject to trusts or donor conditions under earlier trustee regimes, trace donor instruments. Sections 34 and 36 preserve trustee conditions and reallocate dispositions to the Council where appropriate. Honour donor restrictions and document legal advice when repurposing or using such property.

Record-keeping and public administration

Apply the Public Administration Act 2004 obligations and any other public sector record‑keeping and transparency obligations to Board members and processes as required by s 11(11). Maintain accessible records for appointments, minutes, conflicts, audits and approvals.

Practical project management

Map statutory approval pathways at the start of any project touching State collections, Exhibition land, leases, large donations or filming approvals. Build Ministerial and Governor in Council approval timelines into project plans and budget for potential political or public consultation processes.
Train Board members and senior staff on the Act’s critical compliance points: conflicts of interest, deaccessioning gate, Minister/Governor-in-Council approvals, and unclaimed property procedures.

Following these steps and maintaining contemporaneous documentation will substantially reduce legal risk under the Act. Legal counsel should be engaged early for any matter implicating Governor in Council approvals, deaccessioning, complex leases, or trust/donor conditions to ensure statutory compliance and evidentiary sufficiency.

Museums Act 1983

Plain English Summary

Deep Dive

What it does

Current sections

Museums Act 1983

Source text: opening excerpt

1 Museums Act 1983

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply